Killer battered mate to death because he did not want his noodles

A killer who battered his friend to death in the street when he refused to eat some of his noodles was jailed for just seven years.

Lee Baker, 41, punched drinking partner Alan Dutton, 48, four times in the face before landing the knock-out blow with a left hook that sent his victim sprawling to the ground.

Then, as Mr Dutton lay with massive skull fractures and brain damage, Baker, who was high on crack cocaine and super strength lager, hurled abuse and demanded he ‘get up’.

He told emergency services his pal of ten years had fallen down drunk, denying him the urgent medical attention of which he was in desperate need.

Sentencing Baker, who was acquitted of murder but found guilty of manslaughter, Judge Anthony Morris QC told him: ‘Your behaviour showed a callous disregard for the welfare of a man you called a friend.’

The Old Bailey heard Baker had been drinking and taking drugs on the night of 16 June this year when he left his flat carrying a bowl of noodles and bumped into Mr Dutton by chance.

‘It may be, you offered him some noodles and he declined and you took offence at that,’ said the judge.

‘But I am satisfied you lost your temper over what you perceived to be a slight by him, which arose as a result of the drink and drugs you had taken.

‘You then carried out an unprovoked attack on him.’

Judge Morris said Baker struck his victim ‘with as much force as you could muster’ adding the offence was aggravated by it being carried out in a public place, under the influence of alcohol and drugs.

But he added: ‘This offence was not pre-meditated. This was a case of five forceful blows being struck by you against your victim.

‘However, I accept the consequence of your punches were far more serious than you intended and ever contemplated and you will have to live with the fact you caused the death of a friend.’

The victim’s sister, Joanna Tierney, described her brother’s lifestyle as ‘wayward’, but said he was ‘loved and adored by his family’, her children in particular.

She said the chapel was packed with friends and family members for his funeral, adding: ‘There was a massive impact when Alan was killed.’

The grieving family refused a letter of apology penned by Baker when it was offered up in court.

In court, Baker accepted he was responsible for Mr Dutton’s death but denied murder on the basis he was defending himself from attack.

But CCTV footage revealed that Baker threw the first punch and then threw his noodles away to free up both hands for the attack.

Prosecutor Oliver Glasgow QC said: ‘Self defence has nothing to do with what happened to Alan Dutton.

‘He was attacked for no reason at all. Not only did he do absolutely nothing but he was unable to defend himself.’

When police and paramedics arrived at the scene outside Crispe House on Dovehouse Mead, Barking, east London at around 9.30pm on 16 June this year, Mr Dutton was conscious and able to give his name.

Although he was bleeding from his head and nose, at first officers believed the victim had simply fallen over and did not realise his injuries were serious.

It was only after he helped on to a trolley in an ambulance that paramedics noticed that his head was swelling up and rushed him to hospital.

A scan revealed he had suffered traumatic brain injury and Mr Dutton died the following day after his life support machine was switched off.

When police visited Baker’s flat at Crispe House, he told them he had been in a fight.

Mr Glasgow said: ‘He said Alan Dutton had been rude to him, knocked food out of his hand and punched him in the face.

‘He told police that in self defence he had struck Alan Dutton once using the back of his hand and walked away.

‘That account was to prove to be a lie because police had obtained CCTV footage from outside Crispe House.

‘He had punched Alan Dutton five times in the face, pursuing him along the pavement as Alan Dutton back away.

‘The reason for this gratuitous and unprovoked assault was unclear, however it may have something to do with the extent of alcohol and crack cocaine which he told police he had consumed that evening and was coursing through his veins at the time of the assault.’

Baker also told officers that Mr Dutton ‘hadn’t wanted any of his noodles’ and had made him drop his food.

The killer, of Crispe House, Dovehouse Mead, Barking, denied murder and was acquitted, but was convicted of manslaughter.
ENDS