Two men who admitted manslaughter after Sean Burlton drowned when a car entered a water-filled drain near Tongue End are due to be sentenced at Lincoln Crown Court on November 27.
Bailey Fitzgerald, 29, of Brownlow Crescent, Pinchbeck, was driving a Ford Focus, while Sam Johnson, 26, of Johnson Avenue, Spalding, was driving a Vauxhall Insignia. Both have pleaded guilty to manslaughter in connection with Mr Burlton’s death.
The fatal incident happened on Counter Drain Drove, in Tongue End, on November 24, 2023. Mr Burlton had been a passenger in the Ford Focus when it left the road and entered the ditch.
What the court heard
Lincoln Crown Court heard that the Ford Focus had tried to ram a Volkswagen Touran driven by Richard McMullon, described in court as the former partner of Mr Burlton’s new girlfriend.
Jurors were played a 999 call made by Mr McMullon while he was being followed down Counter Drove Drain by the Ford Focus and the Vauxhall Insignia.
Prosecutors allege that the Focus entered the water-filled drain after attempting to cut up Mr McMullon’s car on a left-hand bend further along Counter Drain Drove.
The court heard that Mr McMullon had left a contact visit centre in Spalding at about 3pm on November 24, 2023. Prosecutors alleged that the Focus and Insignia followed him afterwards.
Six men admit conspiracy charge
Fitzgerald and Johnson have also admitted a second charge of conspiring with Mr Burlton to cause actual bodily harm to Mr McMullon between November 22 and 25, 2023.
Four other men have pleaded guilty to the conspiracy charge and will be sentenced alongside Fitzgerald and Johnson. They are:
- Max Prior, 21, of London Road, Spalding, who was a passenger in the Ford Focus;
- Sam Clift, 35, of Brownlow Crescent, Pinchbeck;
- Josh Copnell, 22, of Rose Lane, Pinchbeck; and
- Scott Biggs, 33, of Spalding Common, Spalding, who was a passenger in the Vauxhall Insignia.
A pre-sentence hearing was told that Fitzgerald and Johnson had each submitted a basis of plea setting out their roles in the conspiracy and the unlawful killing of Mr Burlton.
If the prosecution does not accept the basis of either plea, a further hearing will be required before a judge, with evidence called.
Further hearing fixed for October
Judge Simon Hirst adjourned the case for a further hearing on October 16. He also fixed the sentencing date for November 27 at Lincoln Crown Court.
Mr Burlton’s new girlfriend, Vanessa Gratton, was cleared of involvement in the conspiracy after a three-week trial earlier in September. The court heard there had been an ongoing dispute between Ms Gratton, 32, of West Parade, Spalding, and Mr McMullon over custody visits.
The manslaughter pleas and the sentencing arrangements remain subject to the court process, including any decision on whether the stated bases of plea are acceptable to the prosecution.