Simon Birch killing: Adam Jenkins had knife to deter attacker

A man accused of murdering a guest on Christmas Day says he armed himself to threaten the victim who was attacking his family.

Simon Birch, 39, was fatally wounded in the neck at the home of Adam Jenkins in Newbottle, Sunderland, at about 23:20 GMT on 25 December 2021.

At Newcastle Crown Court, Mr Jenkins, 36, has denied murder and manslaughter.

He said he could not remember picking up three kitchen knives but he assumed he took them to deter Mr Birch.

The court has heard that Mr Birch had been in a relationship with Mr Jenkins' sister Emma for two-and-a-half years and that there had been multiple incidents of domestic abuse and violence.

At the end of a "brilliant" and "perfect" day celebrating Christmas, jurors have heard Mr Birch repeatedly punched Ms Jenkins leading her to brother to think he had "killed" her.

The court heard Mr Jenkins got locked in the kitchen while trying to stop Mr Birch attacking his sister, but he could still hear "hysterical" screaming and feared the rest of his family was at risk.

He said he knew Mr Birch could be extremely violent so went out the back door to try and get round to the front of the large detached home.

But by that point Mr Birch was in the driveway where Mr Jenkins encountered him.

CCTV caught the moment the pair came together and Mr Jenkins slashed the side of Mr Birch's neck causing catastrophic blood loss.

Under cross examination by prosecutor Francis Fitzgibbon KC, Mr Jenkins said he could not remember picking up the knives but assumed now he had done so to arm himself, his partner and Ms Jenkins against the "onslaught" of Mr Birch.

The prosecutor said Mr Birch "did not have a weapon", but Mr Jenkins replied: "Yes, he had his two fists."

Mr Jenkins said he did not think he had taken the knives to harm Mr Birch, adding: "It was probably just to threaten Simon to get him out, if he had seen a knife he might have walked away."

He added he believed he raised the knife to get Mr Birch to "back off", although he later told jurors he "didn't appreciate" he had a knife in his hand.

He said he couldn't remember the moment the fatal blow was struck.

Mr Fitzgibbon said the CCTV showed Mr Birch with his arms outstretched and the "only person acting aggressively" was the defendant.

Mr Jenkins said he disagreed as Mr Birch's stance was one he adopted when he wanted to fight someone.

Mr Fitzgibbon asked if Mr Jenkins attacked Mr Birch because he was "enraged" at his sister's partner's behaviour, but the defendant replied: "I disagree."

Mr Jenkins said he "feared" Mr Birch was "going to come back in the house and finish the job he had already started".

Mr Fitzgibbon said Mr Jenkins "lost [his] rag completely" at Mr Birch for ruining the family's Christmas and "decided to end it" by deliberately stabbing the victim in the neck while he "posed no threat to you or anybody else".

Mr Jenkins said he "totally disagreed" with the prosecution's claims.

The prosecution said Mr Jenkins decided Mr Birch should "pay with his life" for spoiling Christmas, but Mr Jenkins rejected that totally.

Mr Fitzgibbon previously said Mr Jenkins had never said sorry for Mr Birch's death, but under follow up questioning by his own barrister Jeremy Dein KC, Mr Jenkins said he had never been asked.

"Are you sorry Mr Birch died Mr Jenkins?" Mr Dein asked.

"Yes I am," Mr Jenkins said, adding he was "gutted he's gone, I wish he was still here".

He previously told jurors he accepted inflicting the fatal wound but it had not been deliberate and he was "not a violent person".

The trial continues.

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