Man who left off-duty soldier with brain injuries in attack is spared jail

Mark Jones was attacked outside Cannock Chase College in Cannock town centre in March.

His attacker, 44-year-old Jonathan Kidd of Birch Avenue, Cannock, admitted inflicting grievous bodily harm and was sentenced to 19 months imprisonment, but Judge Simon Tonking suspended it for two years because the defendant's mother is seriously ill.

The judge told him 'just about everything' was against that decision, then added: "The last thing I want is for her to die whilst you are in prison."

Stafford Crown Court heard that Mr Jones spent eight days undergoing treatment in hospital followed by three months of rehabilitation after the attack on March 26.

CCTV footage showed Kidd and Mark Jones arguing outside the Royal Oak pub and Kidd then following Mr Jones, overtaking him and attacking him. The punch which floored the victim is obscured by a tree, but Kidd then lifts him by the shoulders, drags him and drops him on the pavement.

"It wasn't the punch that did the damage, it was the drop to the ground. It smacks of revenge," said Judge Tonking, who had heard that in 2010 Kidd had suffered grievous bodily harm at the hands of Mark Jones.

But the violence continued as the attacker, Jonathan Kidd, moments later had his cheekbone fractured by his victim's father, Robert Jones, in an act of 'rough justice'.

Robert Jones, aged 54, of Boswell Road, Cannock, who admitted assault causing actual bodily harm, was given a two year community order with 100 hours of unpaid community work and a £60 surcharge to pay.

Miss Jabeen Akhtar, prosecuting, said the incident started with arguments between the two men inside the pub. Outside the premises, Robert Jones tried to keep them apart and his son walked off, followed by Kidd.

Judge Tonking said it was Kidd who had started the violence: "It was you who followed Mark Jones, you didn't need to. Gradually you caught up and went past, then you turned - it was you who then used the violence. you punched him in the face and he went to the ground. That wasn't the end of it, you picked him up by his clothing and dropped him."

Along with the suspended sentence, Kidd was also given a curfew for nine months and ordered to pay £1,000 costs and £100 surcharge.

Mr Lee Masters, for Kidd, said his client had spent three days in hospital in 2010 as a result of the attack on him by Mark Jones. "Inside the public house Mark Jones threatened to put him in hospital again.

"It was sheer coincidence that these two men met in the pub. He should have walked away, he didn't and he'll have to live with the consequences. This was not an act of revenge. Some might say vigilante justice was handed out to him by Robert Jones.

Mr Rob Perry, for Robert Jones, said his client was unaware of the 2010 incident involving his son and Kidd. On this occasion, after separating them, he went back in to the pub and came out to see his son being attacked.

"What he sees is a punch and his son falling to the ground. he makes his way over to the incident and as he arrives his son is unconscious. he accepts entirely the 'redness' has descended and he has gone way over the top."

Mark Jones is now back on duty with the army and is expected to make a full recovery.