A killer who pushed a man down the stairs of a Birmingham nightclub, resulting in his death, has been sentenced to six years in prison.
Berhane Tsegay, aged 33, was forced down a flight of steps at Sebene Habesha in Newtown on Friday, September 26 last year. He died in hospital three days later.
CCTV footage captured the incident involving fellow Eritrean nationals Bibi Gilzgi and Simon Gebrengus.
The Incident
It was alleged that Gilzgi provided the majority of force by grabbing Mr Tsegay and throwing him down the stairs. Gebrengus was said to have added support by extending his hand and pushing the victim.
Both men admitted manslaughter. However, following a trial at Birmingham Crown Court, a jury could not decide whether Gilzgi attempted to murder Mr Tsegay. The 31-year-old, of no fixed address, faces a retrial next January. The jury cleared Gebrengus, 44, of Anderson Road in Erdington, of the same allegation.
Gebrengus was sentenced on Tuesday, May 5, for the lesser offence of manslaughter, which he had admitted.
Court Proceedings
Summarising the case, Justice Akhlaq Choudhury acknowledged that Mr Tsegay was heavily intoxicated and began causing irritation to the defendants at the nightclub.
He told Gebrengus: "You and others attempted to move away from Mr Tsegay, but Mr Tsegay persisted. This led to a violent reaction, first from Mr Gilzgi, who attempted to strike him with a hookah pipe twice and hit you in the process. Subsequently, as Mr Gilzgi and Mr Tsegay's disagreement continued, you could be seen to push Mr Tsegay over to the ground and then kick him in the head and neck area four times."
Mr Tsegay had walked voluntarily towards the nightclub exit with the two defendants.
Justice Choudhury said Gebrengus provided added impetus to Mr Gilzgi throwing the victim down the stairs. He went on: "I'm satisfied at the moment of your involvement your intent was at most to cause some harm. However, whatever your intent, this was clearly a very risky thing to do. Pushing a person down a steep flight of stairs can be an act to carry some risk of death and subsequently a risk of causing serious injury. Those risks should have been obvious to you."
The judge concluded that Gebrengus did not use a high degree of force and the action was not pre-meditated. He also ruled that he was not particularly intoxicated and acknowledged that he immediately went down to assist Mr Tsegay and ensured emergency services were called.
