21-year-old accused of killing pensioner Tony Miskimmon ordered to stand trial
A man accused of a pensioner's manslaughter was today ordered to stand trial in the Crown Court.
Appearing at Antrim Magistrates Court, sitting in Ballymena, by video link from prison, 21-year-old Marcus Fleming confirmed that he was aware of the three charges against him.
Fleming, in custody but with an address at Cedarmount in Antrim, is charged with the manslaughter of 74-year-old Tony Miskimmon on 6 November last year.
The 21-year-old is also charged with two counts of causing criminal damage to police vehicles on November 2 and 3
Deceased: Tony Miskimmon
Giving evidence during an earlier application for bail, a police officer told the court it was at 19.32 on Saturday, 2 November, when an ambulance crew alerted police that a male was unconscious and bleeding heavily having been assaulted outside Antrim Primary School.
A female witness said she had seen a man punching the pensioner in the face, causing him to fall, said the officer, adding that first aid was given to the stricken pensioner until paramedics arrived.
When police spoke to the defendant at the front door of a property 'blood was coming from his nose' and he was arrested at 9.44pm but during the arrest operation and on his way to custody, Fleming had been irate and 'in an agitated state' as he was 'kicking and head butting the cell doors.'
Marcus Fleming
Despite warnings Fleming allegedly spat and urinated inside the cell van and during police interviews, Fleming admitted punching the pensioner but claimed he acted in self-defence after being struck.
Fleming maintained that he had been hit first 'so he had hit him back' but the court also heard that Fleming had been remorseful and 'upset by the level of injury' sustained by the 74-year-old.
'This is a very, very sad case; the defendant has been extremely remorseful,' Fleming's defence lawyer said at the time.
Marcus Fleming is charged with the manslaughter of 74-year-old Tony Miskimmon
Today's News in 90 Seconds - August 19th
'There was no premeditation and he fully accepts involvement in the altercation, making full admissions to his part ... it was not a sustained attack,' said the lawyer, submitting that according to the defendant, 'there was a confrontation and he fully accepts he struck him once.'
'He had injuries himself and says he was attacked first by the complainant and then punched him back. That punch rendered him unconscious,' the lawyer conceded but added: 'The defendant expressed remorse from the get-go .. it was a simple moment of madness and he gave a full account of his actions.'
Following the incident the pensioner was placed into a medically induced coma but the court heard that the prognosis was 'not a good outlook' with only a 'one per cent chance of survival.'
Marcus Fleming
Tragically Mr Miskimmon succumbed to his injuries and passed away four days after the assault.
In court today, a prosecuting lawyer submitted there was a prima facie case against Fleming, a point which was conceded by defence counsel Grant Powles.
Fleming himself, declined to comment on the charge or to call evidence on his own behalf.
Remanding Fleming back into custody, District Judge Nigel Broderick returned the case to Laganside Crown Court and although he did not set a date for the arraignment, he said it would be 'sometime in October.'
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