Man found dead in flat was ‘killed by a soft toy wedged in his mouth’

A police officer discovered the body of Gary Francis Virr on a mattress in the living room of his flat in Eastborough, Scarborough, after a girlfriend reported him missing, Deborah Sherwin prosecuting told Leeds Crown Court yesterday.

The police constable thought he could see his tongue was swollen in his bloodstained face but later that turned out to be a toy consisting of two rabbits joined to each other which had been rammed into his mouth.

She told the jury Mr Virr had facial injuries including a fractured eye socket and cheekbone which had been fragmented “but death was not caused by those injuries but asphyxia”.

The toy had forced his tongue back in his mouth which would have caused death within a few minutes if he was unconscious and unable to do anything to remove it preventing him breathing.

John Stamford, 51, of Kelia Court, Wooler Street, Scarborough, denies the murder of Mr Virr, 48, in December last year.

Miss Sherwin said both Stamford and Mr Virr were part of a group that would socialise together most of whom were alcoholics and heavy drinkers.

Mr Virr, who had health problems, had been in a volatile relationship with Christine Shannon and on December 19 after she reported him missing, a police officer attended Mr Virr’s flat.

Stamford was present and said Mr Virr was trying to avoid the woman because he claimed she was always beating him up. Mr Virr was cooking and the officer left after seeing he was all right.

In the early hours of the next morning Stamford arrived at a man’s flat in Queens Terrace, Scarborough, and told him: “I think I have killed someone.”

He appeared drunk, anxious and panicking. The man was shocked and scared and subsequently flagged down a police van and told them what Stamford had said but he had left the area.

Stamford subsequently went to another address and told a man there he thought he had done something wrong.

He appeared to have smears of blood on him, and borrowed a pair of jeans at another flat.

Miss Sherwin said it was only on December 23 that Mr Virr’s body was found after Christine Shannon again reported she had not seen him. An officer who went to his flat noticed blood on the bannister and when he found the door unlocked went in and made the grim discovery.

When Stamford was arrested he denied responsibility for the death and said when he spoke of having killed someone, he meant his behaviour having caused his father to have a stroke.

She told the jury the crown did not accept that and Stamford was apparently not now pursuing it.

“He now admits it was him who was responsible for the death of Gary Virr,” she said.

The trial continues.