Thursday July 6, 2023 – A man who was declared brain dead after being punched during a night out, miraculously woke up just as his life support was about to be switched off.
James Howard-Jones, 28, remains severely mentally and physically handicapped and will need care for the rest of his life, Gloucester Crown Court heard on Tuesday.
His attacker, Ben Davies, 24, of Cheltenham, admitted inflicting grievous bodily harm without intent and was jailed for two years and four months.
Mr. Howard-Jones was punched by Davies on April 24 last year on a street in Cheltenham during a night out, the court was told.
He fell back and hit his head, suffering a life-changing injury that almost killed him.
He was taken to hospital where he remained unconscious for several weeks, during which he had several emergency operations.
Judge Martin Picton told Davies: ‘You’ve destroyed the life and hopes of Mr. Howard-Jones – a young man in the prime of life with everything to live for.
‘At the same time, you broke the hearts of his family and friends. The damage you have caused is devastating and lifelong for all those affected by your criminal act.’
While Mr Howard-Jones’s family was considering a request to harvest his organs for transplantation, he regained consciousness, the prosecutor said. However, his condition has left him physically and mentally disabled.
From being a fit and healthy young athlete capable of competing in a 100km race, he had become someone who will require care for the rest of his life, prosecutor Jack Berry said.
‘James is now permanently handicapped in virtually every aspect of his life,’ he added.
‘He has insight into his condition – he knows and can appreciate all that he has lost and is understandably subject to severe depression as a consequence.’
His father, Neil Howard-Jones, told the judge: ‘Within the first couple of weeks we were told by the doctors treating James that he was brain dead and the kindest thing we could do was to let him die.
‘I was asked questions that no parent should ever be asked, such as letting his organs be harvested. We agreed that this should be done and arrangements were being made for transplantation donation.
‘We agreed that this should be delayed for a week so that family and friends could say their goodbyes to James. The stress of this was enormous.
‘Incredibly, despite what the experts had told us, James went on to regain consciousness. Initially, he was only able to give eye contact and was unable to move or speak.
Slowly James’s condition improved to a point where he could be moved to a rehabilitation centre. However, he was to return to the hospital on several occasions due to a number of seizures. We didn’t know if he would survive or not.
‘At present, he needs help in getting out of bed to just go to the toilet. He can use a wheelchair, which he can only use for a number of hours each day due to his fatigue.
‘We are under no illusion James’s brain damage is long term and will require a level of caring for the rest of his life.’
He went on to say that his son’s’ condition has had a significant impact on his family and friends and that his mobility was very limited because of his exhaustion. He is using parallel bars to aid his strength and to begin walking again.
The devastated father’s statement concluded: ‘All in all, the future for my son is looking pretty bleak.’
The court heard that Davies was arrested on May 8, 2022, and his mobile phone was seized. It was examined and it was discovered that it contained several internet searches and exchange of messages as Davies tried to establish what sort of trouble he was in.
Nick Murphy, defending, said: ‘Davies’ actions were completely out of character and he now has to live with the consequences. He himself had a difficult upbringing and to his credit he has not offended until now.’
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