THE family of Ethan Wharton said they had been to "hell and back" as he stood trial for the murder of Tony Grayson.

But they said their sympathy lay with the York busker's grieving family, who now may never know who killed him.

Wharton's mother, Yazmin Biggs, 49, admitted her son was a thief and a liar, but said he was not a murderer.

"If I saw Tony's family I would say to them I'm sorry for what's happened. I'm sorry that they've lost a son and justice has not been done.

"Our lives have been turned upside down and for what? All the police have got is two theft charges. That's what these 16 months have been for," she said.

Wharton, 23, who lived with his mother at Ayton House, Cole Street, York, was acquitted of murder at Leeds Crown Court on Thursday after an eight-day trial.

But he was jailed for three years after he admitted stealing two caravans and a Ford Granada, and for aggravated vehicle taking.

He had denied beating drug addict and thief Tony Grayson, 38, and breaking eight of his ribs in May, 2002, after Mr Grayson had crashed two vehicles they stole from Hull.

Those injuries led to a fatal chest infection that caused Mr Grayson to stop breathing eight days later at the flat he shared with his fiance in George Street, Walmgate.

Mrs Biggs said her family suffered threats, violence against their home and were spat at in the street while Wharton was held in custody for nine months before the trial.

The family home was raided twice by police, who took away 300 items including much of her own clothing, she said, but none of it was used as evidence.

Mrs Biggs feared her son, who has two young children - Measha, aged six, and Ethan Junior, two - would attempt to take his life in prison. She said he "cracked up" under the stress as he prepared for the trial.

She claimed that Wharton, who is gipsy, had changed his legal team one month before the trial because he was not happy with the way they were handling his case.

Superintendent Javad Ali, who led the investigation, said the police were not looking for anyone else in connection with the death.

Mr Grayson's mother, Ethel Dobbs, who lives near Malton, said her family accepted the verdict.

Wharton's sister, Lamarr, 31, said: "Ethan will get out in nine months and our lives will go back to normal, but those people will spend the rest of their lives wondering who Tony's killer is."

Updated: 12:43 Saturday, November 01, 2003