Police missed chance to arrest gangster before mistaken identity murder
Police should have arrested a gangster before he carried out a mistaken identity murder, the police watchdog has found.
James Foy's DNA was found on a gun during a raid in Bootle, November 2019, but he was not charged by Merseyside Police.
The gangster went on to shoot and kill Mikey Rainsford in April 2020 through the window of his Litherland home in a case of mistaken identity.
Now, the Independent Office for Police Conduct (IOPC) has upheld a complaint from Mr Rainsford's father, Michael, who said Foy should have been arrested previously.
'No justification'
In a report seen by the BBC, the IOPC concluded there was 'no reason to justify' delaying the arrest of then-18-year-old Foy.
A case reviewer said the decision not to do so 'allowed for a series of events that resulted in the death of the complainant's son'.
A letter to Mr Rainsford Snr said: 'Whilst it is my view that [the detective sergeant] could not have reasonably foreseen the murder occurring, it does not diminish the harm that this has caused to the complainant and his family.'
Foy, who was sentenced to life in prison in 2021 and will serve a minimum of 28 years, was also convicted of possession of the firearm found in November by the same jury.
However, the IOPC concluded no new evidence had come to light since the murder, meaning the conviction would have been possible beforehand.
Merseyside Police had told Mr Rainsford Snr and the IOPC it had not arrested Foy before the murder because his DNA was on a removable part of the gun.
In response to the IOPC's findings, the force maintains they did not think the profile match was 'sufficient to arrest Foy'.
However, the IOPC case reviewer said the evidence was 'sufficient to provide reasonable grounds to suspect him of having had possession of the gun at the time'.
Reacting to the news, Mr Rainsford Snr said: 'It's been my campaign since two weeks after Michael was murdered, when I didn't get the very first answer to the first question to Merseyside Police, it's been a mission to get justice for Michael.
'What happens next I don't know. Ultimately, what I want is accountability and transparency so no other family has to go through this.'
'I have always been right'
Mikey Rainsford was killed as Foy and his brother, Michael, wrongly thought he had been the one who broke a window in their home.
Following Foy's arrest, Mr Rainsford Snr issued a complaint which was then escalated to the IOPC about why action had not been taken sooner.
After the IOPC ruled in his favour, he said: 'I'm very pleased that I'm right and I have always been right, it's very difficult to find the answers when one party holds all the cards.'
Detective Chief Superintendent Sabi Kaur, head of Merseyside Police's Professional Standards Department, said: 'Our thoughts and sympathies remain with Michael's family as they continue to grieve following his tragic murder.
'As we have stated previously, forensic evidence plays a huge role, alongside other evidence, in securing successful charges against offenders.
'Prior to Michael Rainsford's murder we did not have a DNA profile that was considered sufficient to arrest Foy or to take the matter before the CPS for a charging decision.'
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