Hindley man jailed for seven years

One of them, Drew McGrail, was however convicted of manslaughter by a majority of 11 - 1 and jailed for seven years.

During the three week trial the jury heard that after Drew threw or pushed Dylan Aaron into into the Deep Pit he issued death threats and the terrified teenager desperately tried to swim to safety but sank beneath the bitterly cold dark water.

Two men jumped in to try to save him after he got into difficulties in the middle of the pond but were unable to rescue him.

Jailing 27-year-old Drew, The judge Mr Justice Royce told him,"In my judgement what you did was cruel, wicked and vindictive."

Both Drew and his brother, David McGrail, both of Lancaster Road, Hindley, Wigan, had denied murder and the lesser alternative charge of manslaughter.

35-year-old David was cleared of both charges and also found not guilty of assaulting Dylan's friend, Daniel Bagnall, by hitting him on the head with a torch to stop him jumping him to rescue the panicking boy. He was discharged from the dock.

The judge told Drew said that he had started off the train of events that night which tragically led to Dylan's death and lied about it.

There had been a history of trouble between the Aaron family and the McGrails and footage from a CCTV camera which the Aaron's had installed at their home in Margaret Street, Hindley, showed Drew using a large coping stone to smash the windscreen of their car about 3 am on May 30 last year.

"That is the trigger for what happened thereafter. Dylan discovered the damage to the family car and out of a sense of anger and perhaps family loyalty he did what he should not have done and went to sort it matters out with your brother David, whom he believed had been responsible."

Mr Justice Royce said that Dylan was in an aggressive mood and had drunk a lot and taken cocaine. He picked up a stick or branch which he brandished but not did not use to strike anyone.

He said however that he believed Drew's initial actions in rugby tackling Dylan were justified as he feared for his brother's safety though it was his act that had brought Dylan and two friends to the Deep Pit where David was night fishing.

"There was a scuffle between you and Dylan and about the same time a scuffle between Daniel Bagnall and your brother David.

"I am satisfied that you and Dylan found yourselves on the lower level having it would appear to me rolled down there as you were grappling with each other.

"I am satisfied that you were the first to your feet and that you either pushed or threw him into the water.

"Thereafter you shouted abuse and threats at him telling him that he should drown and that he was 'a little bastard' and saying 'don't let him out'.

"Once he was in the water and intimidated or frightened by what was done or said he swam away from the near bank in an attempt to escape. Had he been able to get out on the near bank I have no doubt that he would have done so.

"The water was cold, he was in no condition to embark on that journey across to the far bank. You set off around to the other side to head him off. You yourself were fuelled by drink and anger perhaps at the earlier history of trouble between your respective families.

"While going round you hurled further abuse at him such as 'I should have tied bricks to your legs; and 'If you get out we'll throw you back in again'.

"But I am satisfied on the jury's verdict that although you were shouting abuse at him to the effect that he should drown that was not your true intention. What you were doing was to prolong his humiliation and distress and anguish and difficulty," said the judge.

"You attempted and succeeded in preventing Daniel Bagnall from getting in and what you did afterwards was to disappear from the scene very quickly indeed before later returning having in part changed your clothes with your dog to pursue the pretence that you had in no way been responsible for his death."

Relatives and friends of Dylan attended the trial at Liverpool Crown Court every day, frequently crying when details of his panic and pleas for help emerged, and after the jury of eight women and four men returned their verdicts following just over nine and a half hours deliberations, they expressed anger outside the courtroom at the findings.

The judge, who read impact statements from relatives, pointed out, "No sentence I pass can begin to reflect the enormous anguish and heartache, the grief and profound loss and sense of anger experienced by Dylan's family and friends.

"I have to reflect the fact that on that very night there was Dylan's father rushing frantically to the scene, diving into the water in a vain search for his son - while you were making your way from the scene only coming back pretending you had nothing to do with it.

"It is difficult to imagine what he must have felt that night and what he and his family must now feel about the tragic loss of the life of a promising 17-year-old with so much to offer," he said.

The two brothers denied the allegations which included claims that David McGrail had also shouted threats at Dylan and struck Mr Bagnall when he tried to jump into the pond.

Peter Birkett, QC, defending, said that Drew has no previous convictions. "The jury has concluded that what might have started as a defensive action became, albeit within no more than a few seconds, a hostile and unlawful action towards Dylan.

"That hostile action led directly to Dylan being first in the water and secondly attempting to escape and that resulted in the tragic death of this young man," said Mr Birkett.