The family of Gavin Brown, who died on 20 April 2019 following an altercation outside a pub in Stretford, have welcomed the news that Greater Manchester Police are reinvestigating the circumstances around his death.

A two-week inquest at Stockport Coroner’s Court concluded that Gavin, who was restrained in a ‘chokehold’ for over 6 minutes by a member of the public, had been unlawfully killed. The original police investigation was closed after the Crown Prosecution Service (CPS) concluded that there was insufficient evidence to bring charges against any those involved.

Gavin’s family are represented by Lucie Boase, a solicitor in Broudie Jackson Canter’s Inquests and Inquiries team.

Father-of-two Gavin was held in a Mixed Martial Arts (MMA)-style chokehold outside the Melville pub in Stretford, Manchester, on 12 April 2019. His ability to breathe was restricted and he entered a cardiac arrest. He died eight days later in hospital after suffering irreversible hypoxic ischaemic brain injury.

Over two weeks, the jury at the inquest heard evidence about the events which ultimately led to Gavin’s death. Witnesses told how Gavin had initially been restrained by between five and six individuals after an altercation with a doorman outside the pub.

A member of the public intervened, and, despite none of those present requesting his assistance, applied an MMA-style chokehold on Gavin.

Although there was perceptible reduction in Gavin’s resistance and movement, the force applied to his neck was not meaningfully reduced. The inquest jury found that no attempts were made to speak to Gavin or check on his welfare while he was being restrained.

One of those present was a Security Industry Authority (SIA)-licensed door supervisor who had been trained in the risks of neck restraint and the need to monitor and respond to the condition of the person being restrained.  

The chokehold was not lifted until police officers arrived. Body-worn camera footage shown in court captured the moment police arrived at the Melville and arrested and handcuffed Gavin. He had not responded when officers spoke to him, and it was only when he was rolled onto his back that it became apparent that he had lost consciousness.  

Since his death, Gavin’s family have sought the truth about what happened that night. They described the decision of the CPS not to prosecute any of the individuals implicated in Gavin’s death as ‘heart-breaking’, leaving them feeling “let down by the criminal justice system”. In an interview with BBC Northwest, Gavin’s sister, Sophie Penrose, said that from the beginning “it felt like Gavin’s life did not matter and we did not matter.”

The family’s solicitor, Lucie Boase, commented:

Given the evidence which was available to the police, it is very hard to understand why no charges were brought. Gavin’s family had to wait [for the inquest] to obtain answers about what happened; the fact that the jury felt able to reach a conclusion of unlawful killing is testament to the thorough investigation carried out by the Coroner, Mr Bridgman.”

Greater Manchester Police are now reviewing the case again with a view to resubmitting it to the CPS. Gavin’s family have been provided with regular updates on their progress.