Birthday teen prisoner kicked Wetherby inmate unconscious 'because he received no cards'

Tyler Marshall turned 18 on October 9 last year and was heard to laugh and say “happy birthday to me” after the sickening attack at the young offenders institute in Wetherby which left the victim suffering a seizure.

The incident at the top of a stairwell was caught on CCTV and showed Marshall and an assailant walking turning on a third inmate without warning.

He was dragged to the floor as they repeatedly kicked and punched him. An officer stood nearby did not intervene until more officers arrived. He later said he feared he would be attacked if tried to break it up alone.

Prosecuting the case at Leeds Crown Court, Mark Thomas said Marshall then walked away fist bumping the second attacker before making reference to his birthday.

The worrying footage also clearly showed the victim fitting on the floor as a result of the repeated blows to his head. Luckily, he suffered only severe bruising with no long-lasting effects. He refused to co-operate with the investigation.

Marshall was sentenced to four years’ detention last year for robbery and causing GBH with intent.

Mitigating on his behalf, Jacqui Appleton provided the bizarre explanation for his prison outburst. She said: “He woke up at YOI Wetherby that day and it was his 18th birthday. He was on remand for quite a significant time before then and had very few visitors. He did not receive a single birthday card and that set his mood for the day.

"It does not in any way excuse his behaviour. It was a despicable offence and he readily accepts responsibility for his actions.”

She said even at 18, he had severe mental health issues and was taking a cocktail of prescription drugs including anti-depressants, anti-psychotic medication and sedatives.

The judge, Recorder Richard Thyne KC jailed him for eight months, to begin after his current sentences expires. He told him: “The assault was sickening and with such severity which you can see on the CCTV. It was through good luck that his injuries were limited to bruising and swelling. It was a horrifying attack and something you boasted about.”