A man has been found not guilty of murdering a much-loved grandad in a Tyneside block of flats by reason of insanity.
Andrew Peacock admitted killing Lee Santos by stabbing him at least 59 times in Cullercoats on December 23 last year. However, the 44-year-old had a history of of suffering from epileptic fits and had endured one such episode moments prior to launching his frenzied knife attack on Mr Santos.
Newcastle Crown Court heard that Mr Peacock had been suffering from "postictal confusion and amnesia", as well as "postictal psychosis" at the time, so was unaware of what he was doing. The same conclusion was drawn from four separate forensic psychiatrists who each examined Mr Peacock after his arrest.
The condition causes a temporary impairment of the conscience as a result of "paranoid delusions and either auditory hallucinations or misjudgement of sounds", prosecutors previously said. Mr Peacock, of John Street, in Cullercoats, had previously pleaded not guilty to Mr Santos's murder by reason of insanity, which was accepted by both the prosecution and defence, but a jury had to legally decide if that is the case.
On Thursday, they took just minutes to return a not guilty verdict by reason of insanity. He was then made subject to a hospital order ahead of his sentencing. Before the jury retired, Judge Penny Moreland told them: "This is a very rare case.
"Mr Peacock is entitled to be found not guilty by reason of insanity if, at the time of the killing of Mr Santos, he was suffering from a disease of the mind, which gives rise to defect of reason so as he didn't know the nature or quality of his act or that it was legally wrong."
The judge added: "It's agreed that, in a postictal state, he suffers from confusion and amnesia and temporary paranoid psychosis. It is agreed that these defects of reason are caused by his epilepsy. Andrew Peacock did not know the nature or quality of his act and did not know that what he was doing was wrong."
After the jury had returned their verdict, Judge Moreland told them: "It has been an extremely unusual case. This is a rare diagnosis. It maybe many years before another jury is called upon again to make a determination that you have been called upon to make in respect of this matter."
Toby Hedworth KC, prosecuting, previously told the court that Mr Peacock had been suffering from frequent epileptic seizures in the weeks prior to December last year and they would often leave him in a confused state. At lunch time on December 23, Mr Peacock texted his partner to tell her he was feeling unwell and was going for a lie down.
His partner also confirmed that Mr Peacock didn't take drugs and hadn't consumed alcohol "for months" but had previously expressed paranoid thoughts to her that someone had been in his flat without his knowledge or permission.
Mr Hedworth said, at around 4.30pm the same day, Mr Santos, 45, from Wallsend, was visiting his brother in his flat, which was in the same block as Mr Peacock. The two men decided to go to a local shop to buy some food and were walking through the lobby outside Mr Peacock's flat when he suddenly "pounced from his door and jumped on" Mr Santos.
Mr Hedworth told the court: "Paul Walker (Mr Santos's brother) said Andrew Peacock had a knife and he saw Andrew Peacock stab Mr Santos twice in the side. Mr Santos, who was by now on the floor under the defendant, got hold of the knife to try to prevent its further use but the defendant was trying to push it into Mr Santos's face.
"Paul Walker went back and grabbed the defendant's arm and was trying to pull it back but the defendant was so strong that he couldn't. So, he got his phone to try and raise the alarm but he was so frightened and confused that he couldn't do so."
The court heard that Mr Peacock, whose eyes were described as "proper crazy", was shouting "you have been sitting in my house" during the attack, despite Mr Santos having never met Mr Peacock nor been inside the property. At this point, two passing neighbours who had seen what was happening from outside, phoned the police.
Mr Hedworth KC continued: "The defendant was still stabbing Mr Santos. When Paul Walker went back inside the lobby, his brother was lying on the floor, fatally injured, and the defendant was sitting on the floor with the knife in his hand and he said he had just had a seizure and was not well.
"Police arrived on the scene extremely quickly as a result of the neighbours' call but, in the meantime, the defendant himself made a call on his mobile, while he was sat on the floor, to his partner and told her "Sandra, I think I have killed somebody, there's a body lying next to us, I don't know what's happened, I think I have had a seizure"."
The court heard that nothing could be done to save Mr Santos's life and a subsequent post mortem revealed he'd suffered 32 stab wounds to his torso and 18 to his head and neck. His death was attributed to haemorrhage caused by the wounds to his chest and back, some of which having penetrated the chest cavity and damaged his lungs.
Some of the stab wounds had also caused injury to Mr Santos's skull, ribs and the side of his brain. He ultimately died from a cardiac arrest as a result of his injuries.
Mr Peacock was given a hospital order under section 37 of the Mental Health Act with a restriction order under section 41. He was remanded in custody and the case was adjourned until July 20 for the judge to confirm sentencing.
