A killer replied "what do you mean murder?" when he was arrested after battering a man to death, a court has heard.
Leroy Venner suffered injuries so severe that they are often only seen in car crash victims when subjected to a beating at the hands of Kevin Spaine. He today went on trial at Liverpool Crown Court accused of murdering the 53-year-old at his home on Belmont Drive in Anfield last summer.
The 43-year-old defendant was said to have repeatedly punched and kicked his victim after he had been refused entry to the flat. Spaine later told police that Mr Venner had been a "pain in the a***", but claimed to have been acting in self-defence when delivering the fatal blows.
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Alan Kent KC told a jury during the prosecution's opening this afternoon, Tuesday, that the deceased had been living at the address – where his friend Mark Kelly was the tenant – on a temporary basis since around around February 2022, sleeping on a camp bed in the living room. He was addicted to drugs and "not in good health" having suffered from COPD, a condition which affected his breathing and mobility.
The apartment was "being used as a drug den", with Spaine also a frequent visitor. He was "sofa surfing" at the time, having been kicked out of his mum's home on St Domingo Vale in Everton and being subject to bail conditions banning him from going to this property and contacting his mother.
At around 8.30am on July 27 last year, Mr Venner and Mr Kelly left the flat in a taxi to "get some money and score some drugs". They then returned home, with Spaine and a third man visiting during the course of the morning.
Then – at around 10.30am – Mr Kelly, Spaine and the other male left. Coincidentally, police stopped the group in the street and searched the group – with Spaine being caught on an officer's bodyworn camera wearing a puffer-style jacket, a light blue t-shirt, joggers and a dark-coloured pair of trainers with a rucksack on his back.
The trio then walked towards Newsham Park, near to where the other man lived, after being allowed to go on their way. Mr Kelly and Spaine also went their separate ways, with the former continuing to Liverpool city centre as he needed to visit the Vodafone branch to have his phone fixed.
The defendant, of no fixed address, meanwhile returned to Belmont Drive hoping to be let back in. This sparked a series of texts from Mr Venner to Mr Kelly.
One sent shortly after 12.30pm said: "Kevin knocked on your door. I blanked him, pure and simple, so just letting you know ok?
"He never got in because it's not my flat. I wouldn't let anyone in."
A further message at around 1.20pm read: "Mark, don't go back to your flat until Kev has gone ok? I'm in the flat and I'm not letting anyone in, simple."
Mr Venner, from Toxteth, then said just after 1.45pm: "Mark, if he's in the block when you come in just let him know he ain't coming in, simple. Not to use the toilet or anything else, don't you dare make me look daft."
Another text sent shortly afterwards added: "You stay strong. Say no, he ain't coming in, and mean it.
"Tell him straight, he ain't coming in. Then say you are off to Toxteth, but just walk the bookies so he f***s off."
When Mr Kelly returned home, Spaine was "still hanging around outside" and said he needed to have a wash. He was let into the property, but the electricity in the apartment had gone.
Mr Kelly left again to top up the meter, which left Spaine and Mr Venner alone inside. Mr Kent told jurors: "We would invite you to conclude that, before Mark Kelly came back and allowed the defendant in, the defendant had been hanging around outside the flat for well over an hour.
"Leroy Venner had ignored him, pretending to be out, but it became apparent that he had been there and had blanked him and would not let him in. Is that something that irritated the defendant?"
CCTV then captured Mr Kelly and Spaine together on nearby Rocky Lane. There, they had a conversation in which the latter reported that Mr Venner had "gone out".
But he had in fact assaulted him and left him critically injured – "unconscious, spraying blood from his mouth and struggling to breathe". Despite this, Spaine "made no effort to contact the emergency services".
Mr Kelly returned home once more and found Mr Venner lifeless on the floor of the lounge. He alerted a neighbour, who called 999.
Paramedics discovered him with "obvious facial injuries" and blood pouring from both ears. One of his teeth was found under a clothes horse across the room.
Medical intervention continued for nearly an hour-and-a-half with "signs of life detected" at one stage. Mr Venner was transported to the Royal Liverpool Hospital, but was pronounced dead shortly after 4.30pm.
Mr Kelly was arrested on suspicion of murder at the scene, and told police that Spaine had previously been present. Efforts were then made to locate him, which CCTV footage showing that he had returned to his mum's around 5pm and changed his clothes.
Spaine protested from the dock when these details were heard in court, saying from the dock "I just had a shower". Judge Brian Cummings KC then told him: "Be quiet please, I'd like you to sit there in silence and simply keep a straight face."
Mr Kent then described how Spaine subsequently told police that he "wanted to change his shoes because they were uncomfortable" while his jacket was "dirty". The prosecutor added: "The prosecution submit that this indicates his potential state of mind at the time, knowing his clothing would link him to what he had just done.
"He needed to get rid of them, he needed to get changed. If that is right, that suggests that he knew Leroy Venner was dead when he left him and this was more than just an assault."
The items left at the house were later found to have Mr Venner's blood on them. Cameras at McDonald's on Edge Lane then showed Spaine in a change of clothing at around 9.15pm, although he was still wearing the same blood-stained joggers.
Roughly half an hour later, he was located by police on the major route near to its junction with Laurel Road. He gave his name as "Kevin Lewis" before confessing his true identity, at which point he was arrested on suspicion of murder.
"Feigning surprise", Spaine responded: "Murder? Murder?
"That's a big charge. What do you mean murder?"
Under interview the following afternoon, Spaine "lied about his whereabouts and denied any involvement" in Mr Venner's death, saying he "went to see a girl" at her home on Morecambe Street in Tuebrook and was there until around 5pm. He then "suggested Mark Kelly had something to do with" the incident, claiming they were "always shouting and arguing" and had been that morning.
Spaine was released on bail while investigations continued, but was arrested again on August 30. He said in reply on this occasion: "I done no murder."
But, confronted with further evidence, he "realised the game was up and dramatically changed his account" – saying when interviewed again: "I've got into an altercation yeah. We got into a little fight.
"He was p***ed off about something and he was telling me to get out. He didn't want me there at all.
"He took a swing at me. He hit me and I hit him back a couple of times and he was KO'ed on the floor.
"I didn't mean to hurt him or nothing, but he was a pain in the a**e. He was just annoying.
"He was kind of bullying Mark into being there. I just said he should go and find somewhere.
"He kind of took over the flat. He was kind of cuckooing Mark a bit.
"I was about to go and he started going on at me. I just told him to f*** off and he came at me.
"He hit me from behind. I just turned around and smacked him.
"I just reacted and smacked him a few times. He fell and hit the floor.
"I just got off, I panicked. I didn't know what to do.
"But I tell you one thing, I didn't mean to kill him. I'm no murderer.
"He'd attacked me thinking he could bully me. The only reason I haven't said anything is because I'm f***ing s***ing myself, because I'm facing a murder charge now.
"I'll tell you one thing. I didn't mean to kill him."
Spaine went on to state that Mr Venner had "taken two swings at him" and he had returned four or five blows "in self-defence". A post-mortem investigation revealed that he had suffered "multiple forceful blows", with areas of bruising which were "not typical from punches" and were instead "indicative of him being kicked".
Mr Venner had also suffered a brain injury, "the sort of trauma usually associated with a car crash or a fall from height". His blood was discovered on Mr Spaine's shoes and the lower part of his trousers.
Mr Kent said: "While not in the best of health, he died as a result of the beating he received at the hands, and possibly the feet, of the defendant. He told lie after lie before finally, when he realised the game was up, he gave an account which limited his actions.
"He now accepts he killed Mr Venner, but he continues to deny full responsibility for what he has done. The prosectution say repeatedly punching and, it seems, kicking a vulnerable, unwell man to the face and head while he was unable to fight back – with such force that it caused damage to his brain – reveals the defendant's intentions."
Spaine denies murder, but has admitted manslaughter. The trial continues.
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