Josh Baxter, 28, is accused of manslaughter, intentional strangulation and GBH of Michael Barron, 38 after the pair met on the online dating app in January last year
A man on trial for manslaughter has claimed he fell asleep on top of his Grindr date for half an hour after they had sex, a jury has heard. Josh Baxter, 28, and Michael Barron, 38, connected on the app on January 26 last year.
After swapping details, the pair decided to meet at Mr Baxter’s flat in Blackley for a sexual encounter, Minshull Street Crown Court was told. The prosecution alleges that Mr Baxter coaxed Mr Barron into consuming so much alcohol that he passed out.
Mr Baxter is accused of holding Mr Barron face-down on his bed and laid on top of him for an extended duration. Jurors have heard that Mr Baxter strangled and choked Mr Barron with such intensity that he fractured a bone and cartilage.
Mr Barron suffered cerebral hypoxia, a condition caused by insufficient oxygen supply to the brain, and subsequently went into cardiac arrest. Paramedics pronounced Mr Barron dead upon arrival.
Meanwhile, Mr Baxter allegedly ordered a takeaway via Deliveroo and messaged other men on Grindr, reports the Manchester Evening News.
The court heard he searched on Google: “If you accidentally kill someone by strangling them in sex do you go to prison.” Mr Baxter, from Blackley, denies charges of manslaughter; intentional strangulation or suffocation and unlawfully inflicting grievous bodily harm.
The court heard from Detective Constable Jasmine Kennedy, who obtained a statement from Mr Baxter in the hours following the incident. In the statement, which was read aloud to the jury, Mr Baxter revealed he initially contacted Mr Barron through the dating app before they discussed their sexual preferences.
The pair arranged for Mr Barron to visit Mr Baxter’s flat and purchased a 70cl bottle of vodka en route, whilst Mr Baxter organised an Uber for him, the officer explained.
They conversed and consumed alcohol, DC Kennedy told the court. Mr Barron consumed nearly the entire bottle of vodka, plus a bottle of wine.
Mr Baxter’s statement continued that they ventured to the shop to purchase additional alcohol before heading back to the flat. Upon their return, he claimed Mr Barron polished off the bottle before consuming two vodka and lemonades.
Jurors were told he stated they then proceeded to his bedroom, where they ‘got naked’ and commenced sexual activity.
Anne Whyte KC, prosecuting, quoted from Mr Baxter’s statement: “I then tied him up with red rope against both his ankles and wrists. I knotted the rope not very tightly. Whilst in that position I had sex with him, I slapped him on the back, which was pre-agreed. He was lay face down, I realised he had fallen asleep as he was making snoring noises. I ended up falling asleep whilst I was on top of him and I woke up 30 minutes later.”
After collecting his food order, Mr Baxter said he realised Mr Barron had stopped snoring. He said he could not feel breath coming from his mouth and that his face was purple.
Jurors heard he called 999 and was instructed to perform CPR.
The court heard evidence from two paramedics and one advanced paramedic, who said Mr Barron was found in Mr Baxter’s bedroom on the floor. “I was quite clear, quite quickly, that he had died,” medic Lindsey Joyce said.
Forensic pathologist Dr Jamie Robinson, who carried out a post mortem, told jurors there appeared to be a curved abrasion around the side of Mr Barron’s neck, which could have been a fingernail mark. He explained that the hyoid bone, found at the top of the neck, had been broken, as had the thyroid cartilage, which makes up the Adam’s Apple.
Referring to a toxicology report, he said 417mg of alcohol was found in 100ml of Mr Barron’s blood. “The legal limit for driving in this country is 80mg, so this is significantly high, over five times higher,” said Dr Robinson.
“Fatal alcohol toxicity is at 350mg per 100ml of blood, but it depends on a person’s tolerance to alcohol.”
He said Mr Barron’s cause of death was likely to have been be multifactorial, taking into consideration the amount of alcohol consumed; his prone position on his back and restrained; the pressure to his torso with Mr Baxter on top for a period of time; and the compression to the neck.
Dr Daniel Du Plessis, a consultant neuropathologist, informed the court that after conducting tests on Mr Barron’s brain, he discovered damage consistent with oxygen deprivation. Mr Baxter, from Lakeside Rise, Blackley, refutes the manslaughter charges.
The trial continues.