A MAN who strangled a visitor to his flat using a specialist grip knew what the consequences of his actions could be, a judge said, jailing him for four years.
Martial arts enthusiast Peter Robert Charles Aird, 36, gripped Carl Michael Shaw's throat with two fingers and a thumb when the two were alone in his flat, a court heard.
He claimed to police he had only acted in self-defence when Mr Shaw attacked him, and had never strangled anyone before.
But Leeds Crown Court heard he had demonstrated the throat hold on a former flatmate some weeks earlier in drink-fuelled fun.
A jury convicted Aird of manslaughter yesterday, after nearly ten hours considering their verdict.
Aird, of Cemetery Road, York, had denied murdering Mr Shaw.
Jailing him, the Recorder of Leeds, Judge Norman Jones QC told Aird: "You were aware of the effect such a hold and grip could have."
The judge added that Mr Shaw, 26, of Bishophill Junior, York, probably started the incident that ended in his death.
But Aird had known that using the throat hold could deprive the brain of blood and lead to unconsciousness.
"Anyone who does that must know there is a risk of harm coming to the person on whom he places that hold," the judge said.
Mr Shaw's family left court without speaking. It was the second time they had seen a man convicted of killing one of their relatives.
In 1999, Jason Wade was convicted of the manslaughter of Mr Shaw's older brother, Wayne Nicholson.
The officer in the case, Detective Sergeant Nigel Costello, said: "Our thoughts are with the family and friends of Carl Shaw at this difficult time."
He was satisfied the jury had the full facts of the circumstances surrounding the death on October 24 in Cemetery Road.
Andreas Lambrou told the jury how he had been forced to poke his then flatmate Aird in the eye to break the his three-digit grip on his larynx, when the pair were demonstrating martial arts and wrestling holds on each other after a drinking session.
Aird's barrister, Andrew Campbell QC, said: "Perhaps in the event, in the heat of the moment, he wasn't aware that when he left the flat that the deceased was in fact dead."
The barrister said Aird had shown "genuine remorse" to the police.
The judge said Aird had acted responsibly in the past when Mr Shaw had provoked him by damaging some of his property, and when he tried to get into the flat despite Aird banning him.
The court heard Aird let Mr Shaw into his flat on October 24, and the pair had appeared on friendly terms when they went together to York Beer Shop to buy alcohol at 6.30pm.
Fewer than four hours later Mr Shaw was dead at Aird's hands. Aird then went to Fulford Road Police Station and said he thought he had killed someone.
The jury acquitted Aird of murder, but convicted him of manslaughter on the grounds that he had used too much force against Mr Shaw.
Updated: 10:13 Friday, May 20, 2005
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