Skegness man cleared of murdering flatmate at Lincoln Crown Court
A Skegness man was today (Tuesday) cleared of murdering his flatmate after telling a jury that he acted in self defence.
Jurors at Lincoln Crown Court took just 90 minutes to find David Lupton, 60, not guilty of murdering Rhys Howell, 57, at their multi-occupancy property in Grosvenor Road.
The jury also cleared Mr Lupton of a second charge of manslaughter relating to the death of Mr Howell.
After the verdicts the trial judge, Judge James House KC, told Mr Lupton: "You are now discharged."
The prosecution had alleged Mr Lupton repeatedly slashed at Mr Howell after arming himself with a knife which he kept next to his bed.
But Mr Lupton told jurors he only reached for the weapon after Mr Howell burst into his room armed with a machete.
Jurors heard Mr Howell died from a stab wound to the heart and was found slumped against a wall outside the property on the evening of August 19 last year.
The prosecution alleged Mr Lupton was not acting in reasonable self defence and lost his temper with an intoxicated Mr Howell.
Giving evidence Mr Lupton accepted he must have caused the fatal injury to Mr Howell but insisted he had no intention to stab him in the chest.
Mr Lupton told jurors that an intoxicated Mr Howell made six visits to his first floor room on the morning of his death after repeatedly losing his keys.
After hearing a "banging noise" during the afternoon Mr Lupton said he went to investigate and saw Mr Howell bashing the door to his own room with a fire extinguisher.
"He gave me a load of verbals back," Mr Lupton explained. "I went back in my room."
Mr Lupton said Mr Howell visited his room for a seventh time during the early evening and he told him: "You have had the key, you didn't bring it back."
"He (Mr Howell) put his arms up to me and pushed me," Mr Lupton said. "I went backwards."
Mr Lupton said he wasn't happy with being pushed and followed Mr Howell but he reacted by throwing a punch at him.
"I launched a counter punch, the palm of my hand," Mr Lupton admitted, "and held him down, to stop him attacking me."
Mr Lupton said he returned to his room and was on his bed when he heard Mr Howell bounding up the stairs around a minute or 90 seconds later.
"I heard banging on my door," Mr Lupton said. "I was on my way to the door when it burst open.
"I saw a machete coming at my head with Rhys stood behind it. The first one was a big swing then he was continually going at me with the machete.
"I just lashed out, I was in shock, attempting to get him away."
Mr Lupton said he managed to push Mr Howell backwards.
"I looked for something to defend myself and saw the knife on the headboard," Mr Lupton said.
Mr Lupton said he considered himself under threat . "He (Mr Howell) was in a rage. His face was contorted."
"I held the knife out in front of me so he could get a clear look at it and see I was armed," Mr Lupton said. "But it had no effect. I was fending the blows off from the machete."
"Eventually I got him out of the room," Mr Lupton added.
Mr Lupton said Mr Howell changed tactics by trying to stab him with the machete and he was jabbing out with his own knife.
"We were nose to nose at times," Mr Lupton added.
Mr Lupton said the incident lasted no longer than 30 seconds and ended when Mr Howell dropped the machete and went down the first floor stairs.
"I've got someone trying to kill me with a machete, my adrenlain was up, I was scared," Mr Lupton insisted.
Jurors heard Mr Lupton was a divorced father-of-three who had lived alone in his flat for several years.
He described Mr Howell as having a "Jekyll and Hyde" personality.
"I didn't dislike Rhys," Mr Lupton told the jury. "I just didn't like him taking drugs."
Mr Lupton said it was "very clear" when Mr Howell was taking drugs, and admitted challenging him about it.
"Put simply he was out of his head, slurred speech, erratic behaviour," Mr Lupton explained.
This included Mr Howell managing to lock himself out on eight occasions in one day, the jury were told.
Mr Lupton told jurors Mr Howell's behaviour had improved in recent times and he denied having any vendetta against him.
"Nothing was simmering inside me," Mr Lupton insisted.
When asked by defence barrister Phil Bradley KC if he wished Mr Howell any harm, Mr Lupton replied: "No".
Mr Lupton told the jury he had to give up his own job as a delivery driver after suffering a cycling accident.
As part of his work Mr Lupton told jurors he acquired some knives in a house clearance which he kept chained above his bed as he was short of space in his room.
Mr Lupton said he did not want to sell the knives at a car boot and insisted he had never taken them out of his room.
He denied murder and a second charge of manslaughter relating to the unlawful killing of Mr Howell on 19 August 2024.
