Jeff Whittington
Encyclopedia
Jeff Whittington was a teenager who was murdered by two men in an anti-gay
Homophobia
Homophobia is a term used to refer to a range of negative attitudes and feelings towards lesbian, gay and in some cases bisexual, transgender people and behavior, although these are usually covered under other terms such as biphobia and transphobia. Definitions refer to irrational fear, with the...

 hate crime
Hate crime
In crime and law, hate crimes occur when a perpetrator targets a victim because of his or her perceived membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, class, ethnicity, nationality, age, gender, gender identity, social status or...

 in Wellington, New Zealand. It is unknown whether Whittington was gay
Gay
Gay is a word that refers to a homosexual person, especially a homosexual male. For homosexual women the specific term is "lesbian"....

. Whittington was beaten by Jason Morris Meads and Stephen Smith, suffering severe facial injuries and perforated bowels. After being taken to the hospital, he died of brain swelling
Traumatic brain injury
Traumatic brain injury , also known as intracranial injury, occurs when an external force traumatically injures the brain. TBI can be classified based on severity, mechanism , or other features...

. At the time of his death, Whittington had dyed his hair purple and was wearing fluorescent green nail polish.

The night of Whittington's death

At 4.20am on May 8, 1999, Whittington was found lying apparently unconscious by a police officer on Vivian Street in Wellington. The police officer believed that Whittington was drunk, picked him up and asked if he was alright. Whittington assured the officer that he did not need assistance and was on his way home. The officer left Whittington and did not report the boy to police headquarters.

Whittington was found by two passersby in Inverlochy Place at 4.40am, beaten and with head injuries. Ambulance staff attempted to resuscitate Whittington during the trip to Wellington Hospital, but were unsuccessful. Whittington died on the morning of the 9th May in the intensive care unit of Wellington Hospital.

An autopsy completed on 10 May revealed that Whittington's injuries were not accidental. He had suffered head injuries and a perforated bowel. Datura
Datura
Datura is a genus of nine species of vespertine flowering plants belonging to the family Solanaceae. Its precise and natural distribution is uncertain, owing to its extensive cultivation and naturalization throughout the temperate and tropical regions of the globe...

 and alcohol were found in his blood. Police started a homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...

 investigation.

On 11 May, two men came forward to give statements to police regarding Whittington's beating and death. They were arrested by police and charged with Whittington's murder. The accused were Jason Morris Meads (aged 25, unemployed) and Stephen Smith (aged 27, unemployed).

The court case

The Crown prosecutor alleged that shortly after the police officer left Whittington at 4.20am, Meads and Smith stopped and offered him a ride home. Instead, Meads and Smith drove Whittington to Inverlochy Place, dragged him out of the car and assaulted him with blows to the head and body.

One of the witnesses who found Whittington after the assault, Jody Hopkinson, testified that he was kneeling by the side of the road with his arms outstretched. His nose and upper lip were smashed in. Hopkinson's friend asked Whittington if he needed help. Whittington appeared to become distressed but was unable to speak. Hopkinson and her friend woke a local resident and asked them to call the police. After some time they realised the resident had gone back to bed. They successfully called for an ambulance at another flat. When cross-examined by the defense, Hopkinson agreed that Whittington was waving his arms about and appeared "trippy".

A witness, Daniel Lewis (aged 17) claimed that Meads and Smith told him on the morning of Whittington's attack "something about how they fucked up a faggot and they left him for dead". When Lewis asked if they had really beaten him and left him for dead, Meads replied "The faggot was bleeding out of places I have never seen before".

Another witness, Adam McCurly (aged 16) testified that he had also seen Meads and Smith on the morning of Whittington's murder. He told the court "They were talking about beating someone". Asked by the Crown prosecutor how Meads and Smith had appeared that morning, McCurly said "They had been drinking so they were quite happy".

The pathologist, Kenneth Thomson, testified that Whittington had died from swelling of the brain caused by multiple blows to the head. Imprints from a boot or shoe were found in Whittington's head, suggesting that Whittington was kicked in the head repeatedly. Whittington also suffered from a perforated small intestine
Small intestine
The small intestine is the part of the gastrointestinal tract following the stomach and followed by the large intestine, and is where much of the digestion and absorption of food takes place. In invertebrates such as worms, the terms "gastrointestinal tract" and "large intestine" are often used to...

, consistent with a strong blow to the abdomen
Abdomen
In vertebrates such as mammals the abdomen constitutes the part of the body between the thorax and pelvis. The region enclosed by the abdomen is termed the abdominal cavity...

. Under cross-examination
Cross-examination
In law, cross-examination is the interrogation of a witness called by one's opponent. It is preceded by direct examination and may be followed by a redirect .- Variations by Jurisdiction :In...

, Thomson agreed that some of the injury to Whittington's head could have been caused by a fall, but not all of it.

The defence argued that Meads and Smith had not intended to kill Whittington, and that therefore they should be found guilty of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...

 rather than murder. However, Crown prosecutor
Crown Prosecutor
Crown Prosecutors are the public prosecutors in the legal system of Australia.Crown Prosecutors represent the Crown in right of the Commonwealth and in right of each State or Territory in criminal proceedings. Crown Prosecutors are appointed not elected and not public servants; they are private...

 Kenneth Stone argued that the blows to Whittington's head indicated the accused were intent on seriously injuring him and this should be taken into account by the jury.

Smith, in a statement to police, claimed that Meads had jumped up and down on Whittington's head. Smith also admitted to kicking Whittington a few times. He told his sister, Rochelle Smith, that he thought they may have killed Whittington.

Meads told his father he had attacked Whittington, "You know that young boy that was killed? I did it. I didn't mean to do it. I'm so sorry.".

The defense argued that because Whittington had consumed datura
Datura
Datura is a genus of nine species of vespertine flowering plants belonging to the family Solanaceae. Its precise and natural distribution is uncertain, owing to its extensive cultivation and naturalization throughout the temperate and tropical regions of the globe...

 earlier that morning, he may have been difficult and combative. This, he argued, could have led to a confrontation between Whittington, Smith and Meads leading to an assault. This would have differed from the Crown's account of Whittington's attack which they characterised as a prolonged brutal assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

.

On 3 December 1999, after deliberating for nine hours, a High Court jury found Meads and Smith guilty of murdering Whittington. The judge sentenced both men to life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...

. On 7 March 2011 Jason Meads was paroled despite him being deemed a "high risk for reoffending".

Further reading

  • Alley, O. 1999. Boy Left By Police Later Killed, The Dominion, 11 May.
  • New Zealand Press Association (NZPA). 1999. Police Saw Boy Sprawled in Street Before He Died, 10 May.
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