Footballer Kyle Dempsey and his dad have been spared prison following a merciless drink-fuelled attack on a social club bouncer who was left scarred and bleeding.
Carlisle Crown Court heard Dempsey, a recent Wembley winner with Bolton Wanderers, had played for the League 1 side against his former club Carlisle United in a pre-season friendly on July 16 last year.
Family members returned to Maryport and socialised in a pub before heading to the town’s Labour club seeking to meet Kyle’s granddad.
On the way, Kyle, 27, was briefly knocked unconscious and suffered a concussion in an unprovoked street attack by a man who’d previously caused the family problems.
After coming round, Kyle and his dad, 50, chased the attacker towards the club where doorman Darryl Jarvis was greeted by a swarm of people at around 10.30pm.
Kyle, he said, was acting aggressively to get through the door. Mr Jarvis pulled him outside and was punched by the player’s dad, a former rugby league pro and junior coach. The doorman recalled then being hit with multiple blows across his body, face and head as he was bent double and yanked downwards. “At least a dozen (blows),” he told the court.
Mr Jarvis broke free, returned to the club and its doors were bolted shut. But as he received first aid inside, the doors were smashed open by Michael Dempsey and further violence ensued as Kyle wriggled past a female bouncer. “I just felt multiple strikes again all over my body,” said the bouncer. “I just tried to cover up and defend myself.”
Prosecutor Gerard Rogerson said Mr Jarvis moments earlier had restrained Kyle Dempsey in a bid to prevent trouble.
“Kyle Dempsey then broke free and began to assault Mr Jarvis by the use of punches and also the use of his knee in an upwards motion towards Mr Jarvis,” said Mr Rogerson. “When that has happened, Mr Dempsey senior also joined in, raining punches towards Mr Jarvis.”
Mr Jarvis recalled: “After a series of blows I felt an immediate strike to the left side of my head. I felt warm liquid and then realised I was bleeding.” He added: “There were a lot of females screaming, ‘get off him’.”
Mr Jarvis suffered a broken nose, bruised ribs, a cut head, chipped tooth and bruising which forced him off work as both a doorman and a care home maintenance manager.
Kyle Dempsey sat forward and looked down as the court heard Mr Jarvis tell in an impact statement of being incredibly anxious and scared of repercussions following the incident.
“I’ve been left with a scar to the left side of my head which is a constant reminder of the attack,” Mr Jarvis had said. “July 16 is my wedding anniversary and now it will always be overshadowed as a reminder of the violence I suffered by two people who I can only describe as mindless thugs who had the sole intention of causing me serious harm.”
Kyle Dempsey, of Blackpool, and Michael Dempsey, of Whitecroft, Maryport, admitted actual bodily harm assault, the player having had three to four pints beforehand.
But their claim using excessive self-defence and going overboard in the face of provocation was dismissed by a judge who heard evidence and concluded it had been a determined and sustained assault.
It was, Judge Ian Unsworth KC concluded, an ugly, group attack; wildly excessive, ruthless and merciless.
During evidence, Mr Rogerson drew the player’s attention to CCTV footage of the shocking violence, saying: “You’ve completely lost it there, haven’t you?” Kyle replied: “Yeah.”
Lisa Judge gave mitigation for loving, kind family man Michael and also Kyle, a man of previous good character.
Of the player, she said a prison sentence would wreck his career. “He has faced (online) trolling. He has faced shouts from the stands since July 2022. This one night has lived with him ever since,” said Ms Judge.
“Kyle Dempsey’s trade is kicking a ball. It is something that he has lived for ever since the age of six. It is something he has fought for, it is something that his family have supported him throughout in achieving and all that may be thrown away for these 14 minutes or so in the Labour club.”
Kyle Dempsey and Michael Dempsey, who also admitted damaging the door, were given prison sentences of 12 and 13 months, respectively. But these were both suspended for 18 months in the light of substantial mitigation and a realistic prospect of rehabilitation.
Both men were ordered to pay Mr Jarvis £1,500 compensation, complete 200 hours’ unpaid work and also night-time curfews, which can be varied in Kyle’s case in the light of any employment issues.
“This was, as each of you have acknowledged, shameful conduct. You have each let yourself down, your family down and, in your case, Kyle Dempsey, you know that you have let down the people who employ you and those who look up to you,” said Judge Unsworth. “But it is important you are not treated any differently from anybody else appearing before these courts.”
- Michael Dempsey must also compete rehabilitation work and an alcohol abstinence monitoring requirement.
