Claims by footballer Kyle Dempsey and his dad that they went overboard and used excessive self-defence in their assault on a social club bouncer have been dismissed by a judge who described their violence as wildly excessive, ruthless and merciless.
Former Carlisle United midfielder Kyle, 27, now of Bolton Wanderers, and his ex-professional rugby league player father Michael, 50, attacked Darryl Jarvis at Maryport Labour Club at around 10.30pm on July 16 last year.
It was just hours after Kyle Dempsey had played for Bolton in a pre-season friendly at Carlisle’s Brunton Park.
Mr Jarvis was the subject of multiple blows to his head and body during two separate incidents in the doorway of the premises either side of the doors being bolted. He was left bleeding, scarred, needed time off two jobs and feared repercussions.
Kyle Dempsey, of Blackpool, and his dad, of Whitecroft, Maryport, gave evidence at Carlisle Crown Court yesterday after the prosecution opposed their self-defence claims.
Today, Judge Ian Unsworth KC, after weighing up all evidence and submissions in the case, rejected the pair’s contentions.
It had been, said the judge, a scene of total chaos in which innocent women bystanders both took cover and tried to retrain the footballer.
“I am satisfied so that I am sure that Kyle Dempsey was not defending himself. He was out of control, in his own words he had completely lost it,” said Judge Unsworth.
He was also totally satisfied that Michael had not acted in defence of his son, nor had the pair been subject to a significant degree of provocation.
It was wildly excessive, ruthless and merciless, said the judge, an ugly, crude attack.
Judge Unsworth adjourned the hearing for a short time to consider victim impact statements, detailed mitigation on behalf of the two defendants and is due to pass sentence later this afternoon. Both Kyle Dempsey and Michael Dempsey have been granted bail in the meantime.
