Birmingham Man Murdered Girlfriend's Ex by Torching Flat, Court Hears
A Birmingham man murdered his girlfriend's former partner by deliberately setting fire to his flat, leaving him with no means of escape, a court has been told during a harrowing trial. The victim, Daniel Gardner, aged 36 and a father-of-three, sustained fatal injuries in the blaze at his residence in Saxons Way, Highters Heath, and tragically passed away in hospital shortly after the incident.
Alleged Motive and Defendants
Prosecutor Peter Grieves-Smith, opening the case, stated that Stephen Dale, the 47-year-old partner of Mr Gardner's ex-girlfriend, viewed the victim as a 'significant problem' and felt compelled to take action. Dale stands trial alongside 18-year-old Tyler Phythian, with both defendants residing at a house in multiple occupation (HMO) on Cherrywood Road in Bordesley Green. They have pleaded not guilty to charges of murder, manslaughter, and arson being reckless as to whether life was endangered.
The court heard that following the separation between Mr Gardner and his former partner, who later became involved with Dale, there were ongoing issues. Dale, who was once a neighbour of Mr Gardner, allegedly developed an adverse opinion of him, culminating in the deadly attack.
Details of the Fatal Night
According to the prosecution, on the evening of September 18 last year, just before 10:30 PM, Mr Gardner returned to his flat in Saxons Way after parking his car, as captured on CCTV footage. This was the last time he was seen alive. Around the same time, it is alleged that Dale and Phythian ordered a taxi from their HMO to an Asda fuel station, where they purchased a green can and filled it with approximately five litres of petrol.
The taxi then transported them to Highters Heath Lane, near Saxons Way. Mr Grieves-Smith informed the jury that the defendants checked for Mr Gardner's car to confirm he was home. Shortly after, at about 12:48 AM on September 19, they approached the front door of his flat, poured petrol into the entrance, and deliberately ignited it. Both individuals then fled the scene and remained together until they returned home.
Rapid Spread of the Fire
The prosecutor described how the fire spread 'frighteningly quickly' due to the petrol, creating a 'trench effect' in the narrow stairway that allowed flames to rapidly ascend to Mr Gardner's flat. The intense heat melted through the UPVC front door, trapping the victim inside with no hope of escape. A neighbour promptly called emergency services, and firefighters discovered Mr Gardner's body in the living room, where he was found wearing a T-shirt and shorts, unresponsive and not breathing.
He was carried out of the property and taken to hospital, but he succumbed to his injuries at 4:30 AM, with the cause of death determined to be smoke inhalation and burn injuries. Medical evidence indicated soot in his airway, confirming he was alive and breathing during the fire, ultimately suffering a form of suffocation.
Aftermath and Alleged Confessions
Following Mr Gardner's death, his ex-partner was informed at 6 AM and subsequently had 'lengthy conversations' with Dale. In a text message, Dale allegedly stated, 'This was nothing to do with me, I'm a mature, screwed on adult,' and requested to be placed on loud speaker when police arrived at her home. After Dale's arrest on September 19, it was claimed that Phythian told two women he had killed a man, laughing as he recounted the event, despite the original plan allegedly being to 'blow a car up to teach him a lesson.'
When questioned if he had killed an 'innocent man,' Phythian reportedly responded, '100 per cent yeah.' During police interviews, Dale provided no comment, while Phythian offered an account that he accompanied Dale to collect a bike and was 'terrified' when Dale independently decided to set the fire, urging him to 'stop.'
Prosecution's Closing Argument
Mr Grieves-Smith asserted that the defendants were 'in it together,' knowingly setting fire to the house with the awareness that Mr Gardner was inside. He emphasized the inherent danger of petrol, which burns intensely and rapidly, as demonstrated by the footage. The prosecution contends that the evidence will lead the jury to be sure of the defendants' guilt in the murder of Daniel Gardner. The trial continues as further proceedings unfold.
