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Tommy Presley, right, left has been jailed for stabbing James Green
by Julia Roberts
A teenager who armed himself with a knife and stabbed a Northfleet father-of-five to death has today been locked up for 11 years.
Tommy Presley, 19, was cleared of the murder of James "Jay" Green, but convicted of manslaughter by reason of loss of control.
Such a verdict was open to the jury at Maidstone Crown Court if they believed he already had a knife when he went to Mr Green's home in Holly Court on June 21 - but there was a "possibility but not certainty" Mr Green brandished another knife first.
The seven women and four men - one juror was discharged earlier in the trial - therefore rejected Presley's claim he had acted in lawful self-defence and stabbed the 29-year-old with his own weapon.
That knife was the only one found by the police. But the court heard it bore no traces of DNA, blood, fibres or fingerprints.
It was also said by the prosecution to have had too wide a blade to have caused Mr Green's three stab wounds, one of which was 15cm deep and penetrated his lung.
A second teenager - a 17-year-old from Gravesend who cannot be named for legal reasons - was also accused of murder, but cleared by the same jurors.
There were gasps from the public gallery as the verdicts were read out after almost 16-and-a-half hours' deliberation.
A female relative of the 17-year-old, who had been in court throughout the four-week trial, was later sobbing in the corridor. Others had to be escorted by court security from the building after swearing at and threatening police officers involved in the investigation.
Floral tributes to James Green after his death in Northfleet
Judge Jeremy Carey told Presley, of Bankside, Northfleet, that by reason of the jury's verdict he was sentencing him on the basis that what he did was "a reaction to extremely grave circumstances" and that he "may have had a fear of serious violence" from Mr Green.
But the judge added the fact Presley was already armed with a knife when he went to the flat was a serious, aggravating factor.
"I have no doubt you had that knife because you intended if you had to, or felt you wanted to, to use it," he said.
"The jury's verdict is one that leads to this conclusion, not as a certainty but a possibility, that you went to the scene with a knife but didn't produce it until after Jay Green threatened you with the knife he had.
"Once he produced it, well then you stabbed him, not once but three times, one being a particularly vicious wound which plainly required at least moderate force."
Of Presley's account to the police and jury of what happened that night, Judge Carey added: "It is significant in assessing your dangerousness generally that you have done everything you can to avoid facing up to the consequences of what you did by lying, lying and lying again."
At the start of the trial, the court was told Mr Green had fallen foul of youths on The Hive estate and been branded a "grass".
He was known to sometimes carry a knife himself and was said to become aggressive when drunk.
James Green was found dead in Northfleet in June
But Judge Carey told Presley while he did not hold Mr Green up as "a model", he did not deserve to die.
The court heard Presley has previous convictions for threatening behaviour, when he claimed he would stab his victim after being arrested for shoplifting, and assaulting a police officer with intent to resist arrest.
On another occasion for which he was later convicted of being drunk and disorderly, the court heard he threatened to stab his mum.
Telling Presley he will serve five-and-a-half years of his sentence, less any days spent in custody on remand, Judge Carey said: "I have no doubt that there is much work to be done in respect of rehabilitation."
The younger teenager chose not to give evidence. But Mr Green's then next-door neighbour told the jury she heard the youth "roaring" at Presley in the street within minutes of the fatal stabbing: "What have you just done?".
Giving evidence on what was his 19th birthday Presley said Mr Green pulled a knife from his trouser waistband and held it to his face and throat.
He added the 17-year-old "played no part" in what happened between himself and Mr Green.