Lawful killing ruling on love rival stabbing in Halesowen
A man who was stabbed to death by his love rival when he broke into his former home, was killed lawfully, a coroner has ruled.
The tragedy happened when David Carpenter and his nephew Mitchell While broke down the door of his ex-girlfriend's Halesowen house because they wanted to 'sort out' her new partner.
Mr Carpenter was stabbed by Ian Swinburne, the partner of his ex-girlfriend Nicola Bennett, acting in self-defence.
Miss Bennett told an inquest that when they broke in on the night of February 3, she feared both she and Mr Swinburne would be killed.
But it was Mr Carpenter, aged 47, of Yardley Close, Oldbury, who died when Mr Swinburne grabbed an eight-inch knife from the kitchen and stabbed him through the chest.
Black Country Senior Coroner Robin Balmain said that alcohol and amphetamine found in Mr Carpenter's system, together with 'jealousy', had escalated the situation out of all proportion.
Concluding that it had been a 'lawful killing', Mr Balmain said yesterday: "I am perfectly satisfied that Mr Swinburne did not intend to kill Mr Carpenter. What he was doing was acting in a defensive mode."
Mr Balmain added that Mr Swinburne, now aged 50 and living with Miss Bennett in the house in Graham Road, Halesowen, had waved the knife to try to scare off the two men.
Mr Swinburne was originally charged with murdering Mr Carpenter. But the Crown Prosecution Service later dropped the charge. The CPS had issued guidelines that anybody could use 'reasonable force' to protect themselves.
"They are not expected to make judgements about the force used in the heat of the moment, provided it is what is necessary," said Mr Balmain.
"They don't have to wait to be attacked."
After the inquest Miss Bennett said that she and Mr Swinburne were 'pleased and relieved' at the verdict.
While, aged 29, of Bodenham Road, Brandhall, Oldbury, previously pleaded guilty to using threatening words and behaviour and assault on Mr Swinburne.
He was sentenced to four months in prison suspended for 18 months and put under supervision for 12 months.
Detective Sergeant Harry May "It was very tragic that David Carpenter lost his life in this incident.
"However his and Mitchell While's aggressive behaviour by forcing their way in someone's home led to this terrible outcome.
"Mitchell While accepted and took responsibility for the part he played in this incident when he pleaded guilt at Wolverhampton Crown Court."
