A Bangor man murdered by his cousin’s partner was subjected to a “brutal and sustained attack” as he lay asleep with “no chance to defend himself”, a court has heard.
Denis Curtis Shearer was attacked in the bedroom of his Fernmore Road home in the early hours of February 28, 2021.
The 25-year-old was struck up to nine times in the head with a blunt instrument and passed away in hospital nine days later from his injuries.
Details of the fatal attack emerged during a plea hearing at Belfast Crown Court today.
Timothy Walker (43), whose address was given as HMP Maghaberry and who is originally from Abbey Ring in Holywood, pleaded guilty at a hearing on March 9, 2021, to a charge of murdering Mr Shearer.
Last December, Walker was handed a life sentence by Mr Justice O’Hara.
Walker was back in court today alongside his partner and co-accused Natalie Brannigan (42).
Brannigan, from The Green in Holywood, admitted a charge of assisting offenders.
She accepted that on February 28, 2021, knowing Timothy Walker had committed an offence, she did an act with intent to impede his apprehension by driving her car to collect him in the Glencairn area of north Belfast, after he burned his car out, then drove him to Holywood and onwards to Newtownards.
The couple, who have four children together, were told by Mr Justice O’Hara that they will be sentenced for their respective offences on Tuesday, March 11.
Prior to this, the senior judge was addressed by barristers from both the Crown and defence.
Prosecuting KC David McDowell said that at the time of his death, Mr Shearer lived in Bangor with his foster parents and had a “number of mental health issues”.
At around 3am on February 28, 2021, Mr Shearer’s foster parents were woken by a loud bang.
Hearing footsteps in their home, Mr Shearer’s foster mother shouted: “Denis is everything OK?”. Someone then closed her bedroom door.
As she knew something was wrong, she got out of bed and heard a noise, which she later realised was her foster son shouting out in pain.
Upon investigation, she saw both her porch and front door were open, with the Crown saying the locks on both doors had been broken by “the intruder”.
When Mr Shearer’s foster mother then entered his bedroom, she saw blood on his duvet and pillow.
She shook his leg as he lay in bed and yelled his name, but there was no response.
Mr McDowell said it was “apparent” that Mr Shearer had sustained a head injury and that blood was splattered on the walls and ceiling.
An ambulance was called, Mr Shearer was rushed to the Royal Victoria Hospital in Belfast, and he passed away nine days later on March 9.
A post-mortem concluded that Mr Shearer’s death was due to a severe head injury caused by at least nine forceful blows with a blunt weapon.
The court heard that around a month before his murder, an allegation about Mr Shearer was made, which was reported to the PSNI.
When she was asked about the attack, Mr Shearer’s foster mother spoke of the allegation and mentioned the names “Timothy” and “Natalie”.
The PSNI launched an investigation and CCTV footage from a house on Fernmore Road was viewed.
The footage captured a dark car which resembled Walker’s Mercedes C-Class car in the area at the relevant time.
The CCTV also captured a figure parking the car outside Mr Shearer’s home at around 3am, getting out of the vehicle and pulling his hood up.
The same male was then seen making his way from the house at around at 3.17am.
Three hours later, a Mercedes car was reported as being on fire at waste ground in the Forthriver area of Belfast.
This car, which belonged to Walker, was destroyed in the fire along with his mobile phone.
A police investigation was launched and it was established that Walker and Brannigan had been at a party in Holywood on February 27 where alcohol was consumed.
Brannigan left around midnight, with Walker leaving separately. Walker returned to the party in the early hours of February 28 and told someone in the house: “I have done something stupid.”
When she was arrested at 9.40am on February 28, Brannigan was interviewed over three days.
During this period, she said she had been drinking at the party.
She also admitted that after being contacted by Walker, she collected him from the Forthriver area of Belfast, took him to Holywood, then drove him to Ards, knowing he had seriously assaulted her cousin.
Regarding Walker, Mr McDowell said police were initially unable to locate him. But on March 1, during a call between Walker and a police sergeant, the wanted man said he was at a caravan park in Ballyhalbert and that he would “take the wrap”.
The following day, Walker attended a police station and was arrested on suspicion, at that stage, of attempted murder.
During the course of nine interviews, Walker said he suffered from mental health issues. When asked to account for his movements, he said he couldn’t but claimed he heard voices in his head telling him to do “stuff”.
He also said he had drunk “a lot” at the party and couldn’t remember leaving, that he couldn’t remember going to Bangor and that his partner had done nothing wrong.
Walker also initially denied assaulting Mr Shearer and denied being in the area where his car was burnt out.
Despite this, Walker subsequently admitted murdering Mr Shearer.
Mr McDowell told Mr Justice O’Hara that victim impact statements made by the deceased’s mother and his foster parents set out “the trauma” of the attack and the nine days “before the unimaginable decision for them to turn off his life support”.
He added: “They also detail the very deep loss felt by them and their recognition that their lives have been irretrievably altered.”
The prosecutor also set out several aggravating factors and described the attack on Mr Shearer as “brutal and sustained”, one where multiple blows were inflicted.
The Crown KS described Mr Shearer as “vulnerable” and said he was “attacked with a weapon as he lay asleep in his bed with no chance of defending himself”.
Mr McDowell also said “it was a vigilante attack” and that Walker had “decided to take the law into his own hands”.
Defence barrister John Kearney KC, representing Walker, spoke of his client’s “underlying mental health issues” as well as alcohol misuse.
Saying there was “no history of violence” in Walker’s background, Mr Kearney said the attack was “spur of the moment” and that his client was bound to be apprehended.
Mr Kearney also spoke of Walker’s traumatic “younger years”, said “this is a man who does not have his sorrows to seek” and pointed out that his client had accepted responsibility for the fatal attack.
Brannigan’s barrister, Eilis McDermott KC, told Mr Justice O’Hara that Walker “had no involvement in the murder”.
Citing Brannigan’s clear criminal record, her employment history and her desire to qualify as nurse, Ms McDermott also spoke of Brannigan’s parental responsibility to her children, especially given that their father is now serving a life sentence in prison.
After listening to all the oral submissions, Mr Justice O’Hara said he would impose the sentences on March 11.
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News Catch Up – Tuesday 4 March