Newlywed couple left with horrific injuries by gang are blamed by a judge for provoking the attack by confronting them with a hammer
- Teresa McIver and her husband Neil were left for dead after brutal gang attack
- However, charges against the attackers have been dropped and Neil blamed
- Crown court judge has said the incident would never have happened if McIvor had not gone out to confront the gang armed with a hammer
A newlywed couple have been blamed by a judge for provoking a gang attack that left them with horrific injuries.
Neil McIver was left with a gaping head wound and his wife Theresa, 50, with head injuries, broken ribs and a punctured lung after they were savagely beaten by a gang of around 12 men in Grimsby in May last year.
However, charges against their attackers have been dropped and McIver has instead been blamed for confronting the gang with a hammer after a verbal dispute.
The violence flared when the gang ripped out fence posts and hurled them at the couple.
But a crown court judge has said the incident would never have happened if McIvor had not gone out to confront the gang armed with a hammer.
Teresa Mciver recovering in her hospital bed after the attack by a 12 strong gang last year
Neil Mciver’s in hospital (left) showing his gaping head wound, and his stitches (right). His wife thought he had been killed in the attack
Prosecuting, Michele Stuart-Lofthouse told the court, McIver had walked back into the house where he had been drinking with friends, to collect a hammer following an initial verbal confrontation with a youth outside in the street.
She said McIver had spoken with one of the group outside and told him: ‘I am going to arm myself and take this grass out.’
The prosecutor said McIver pursued the males into Carnforth Crescent.
She said: ‘A large scale fight broke out which residents described as mayhem. Many of those involved were bleeding.
‘There were fence posts used and the other males threw objects. Teresa McIver ended up on the floor,’ she said.
The defendant denied carrying a weapon when he was later interviewed by police and said it was ‘a mobile phone or car keys.’
He had only come out of the house because he was ‘nosey,’ he told police.
The court heard he claimed he was passed the hammer when he was on the floor during the fight and said he had been defending himself.
Miss Stuart-Lofthouse said there was no direct evidence McIver had caused injury by using the hammer.
Teresa (pictured with Neil) was left with broken ribs and a punctured lung and injuries to her face while her husband needed 32 stitches in his head and plastic surgery on his hand
McIver, 47, later admitted a single charge of affray.
At his sentencing, Recorder Carl Gumsley reminded McIver he is 47 years old and not a child playing ‘my hammer is bigger than your hammer.’
He said: ‘He was let down by himself.
‘If he had gone back into the house and stayed there it would not have happened. He provoked them by going out with a weapon.
‘People are fed up with people who wander the streets with weapons. It was terrifying. People have to live around people like you with this kind of behaviour.’
He told McIver: ‘You could have stopped all this by not pursuing it.’
The incident had also left McIver needing plastic surgery to his hand.
Andrew Bailey, representing McIver, said one of the gang had been charged with wounding with intent, but proceedings were dropped before it came to trial
He said: ‘You can see the sense of grievance.’
Mr Bailey said his client had stayed out of trouble for more than 10 years.
He added McIver had a sense of guilt over the injuries caused to his wife and he is seeking help from support services.
Sentencing the defendant, McIvor avoided jail and Recorder Gumsley imposed an 18-month community order and 10 rehabilitation days.
McIver is also subject to an electronically-monitored curfew from 10pm to 7am for the next six months.
The Recorder imposed the later time for the curfew, recognising the therapeutic help of McIver’s three dogs, a Pug, a Springer Spaniel and a Bulldog.