A former prison officer who was cleared of murder 'blacked out or passed out' while restraining a friend in a 'guillotine' hold during a party at a Salford flat, an inquest has been told.
David Toulson had been out to celebrate his 40th birthday at a drag brunch in Manchester's Gay Village with James Johnson and two women on June 25, 2022. He died during an incident at his apartment in Adelphi Wharf that evening.
Mr Johnson was found not guilty of charges of murder and manslaughter relating to David's death in a trial at Manchester Crown Court in July 2023.. At the trial, he claimed that he had been afraid that he had been 'drugged' and was afraid that David had been trying to 'rape' him.
He told the court he had 'kept hold of his friend until he felt it was safe to let go’.
READ MORE: Sister of man who died on 40th birthday after being put in a 'chokehold' by his friend speaks out as new details emerge
But at an inquest at Bolton Coroner's Court yesterday (November 20), David's family told Area Coroner Peter Sigee the evidence suggests he "sustained a prolonged and vicious attack", and urged him to reach a conclusion of unlawful killing.
David had suffered a number of injuries, including 'significant' bruising in the neck and damage to the deep soft tissue, 'excessive bruising and fractures' of the larynx, and haemorrhages in the eye membrane and skin.
Earlier this week, the hearing was told the compression on David's neck, causing asphyxia, was 'likely' the principle cause of his death'. The court also heard that 'such pressure would need to be sustained for probably several minutes'.
Yesterday, David's sister Marie Buckley told the court: "The evidence suggests that my brother sustained a prolonged and vicious attack. A lot of the evidence that we have heard throughout this inquest was inadmissible in the Crown Court. I would like to take the opportunity to thank you for giving me a voice and David a voice."
The hearing was also told how David, a fraud prevention officer, also suffered a 'significant blunt force injury' to the back of his head. This caused 'nerve damage' to the brain 'consistent with a physical, traumatic injury'.
Appearing as a witness at the inquest, Mr Johnson said: "I remember putting the lock on then either blacking out or passing out again. And then when I came round I was still in the hold, I didn't know how long that had been."
After being arrested following David's death, he and told police over a number of interviews that he had taken some white powder he believed to be cocaine, felt unwell and had gone to the bathroom to be sick. While there, he claimed Mr Toulson 'tried to drag him out of the bathroom and into the bedroom' in order - he believed - to have sex with him.
In his submission to the coroner, Mr Johnson said that he recommended Mr Sigee return a conclusion of 'misadventure', meaning that someone died as an unintended consequence of a deliberate action. He said: "I would like to put forward a submission of misadventure."
The court also heard that Mr Johnson had been suspended from his job as a prison officer after he had filed 36 use of force statements in the 12 months he was employed on active duty as a prison officer. Assistant coroner Mr Sigee asked Mr Johnson: "You had to use force against prisoners?" Mr Johnson replied: "Yes that's correct."
"You then complete a use of force form or statement?", Mr Sigee asked. "Yes I would," said Mr Johnson.
Mr Sigee continued, asking: "I understand that the prison had decided to launch an investigation into your use of force?" Mr Johnson replied: "Yes, they did."
"That resulted in your being suspended from your as a prison officer?", asked Mr Sigee, with Mr Johnson replying: "That's correct, yes."
After becoming acquainted during a series of hikes, Mr Johnson and two mutual friends had arranged a surprise for David's 40th birthday. This was to attend a Drag Brunch in the Gay Village.
The court heard that the group had met at David's flat at around half past 10 in the morning on June 25 before going to the bar, where Mr Johnson said they were asked to leave after drinking heavily and causing a table to be upended. After arriving back at David's flat, Mr Johnson claimed that David had produced a bag of 'white powder' which he believed to be cocaine from the TV stand.
While being questioned by David's sister Ms Buckley, he told the court: "I didn't want any of this to turn out how it is. I didn't want to be raped and drugged." Ms Buckley replied: "You voluntarily took the drugs."
Assistant Coroner Mr Sigee adjourned the inquest for a hearing on Friday (November 22) when he intends to give his conclusion, saying: "I need to consider what findings I am able to make." He added: "It remains open to me if I consider it to be appropriate to reach any of the conclusions. All those may as a matter of law be available if the evidence were to support that."
Ms Buckley previously told Bolton Coroner's Court her brother had been supporting David had been supporting Mr Johnson after he had been suspended from his role as a prison officer.
The inquest continues.
