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Police Admit Failings After Man Is Left With Brain Damage

Monday January 27 2014

Dean Hutton Dean Hutton

POLICE have admitted they failed a brain damaged man who was locked in a cell for 10 hours without medical treatment - because they thought he was 'drunk'.

Dean Hutton, from Wath, suffered serious brain damage in an attack by brothers Brett and James Garbutt in 2009.

Having been hit with a metal pole, he was arrested for being drunk and was taken to a police station.

The 26-year-old, who now needs lifelong care, has taken the next step in his battle for justice as the police admitted their failure to get him treatment sooner led to his further suffering.

His parents launched a fight for compensation to provide Dean with rehabilitation treatment and lifelong care, but police chiefs initially denied responsibility.

However, the force has now admitted liability out of court after medical experts said Dean would have made a full recovery had he received medical treatment earlier.

His father, Roy, 59, said before Dean's brain injury he was completely independent but now needs help with almost everything he does.

"When we first heard about the brain injury we were so worried and we prepared for the worst," Roy added.

"But Dean is battling back and his rehabilitation has helped him come a long way.

"He's now attending college and we're just relieved the police have admitted responsibility.

"It means we don't have to go to a full trial and that we should be able to access the care and rehabilitation Dean will need for the rest of his life."

A compensation hearing will be held at a later date to determine how much money the family should receive.

Brett Garbutt, 23, and brother James, 28, were found guilty of causing grievous bodily harm with intent after a trial at Sheffield Crown Court.

Brett was jailed for seven years and five months and James was sentenced to five years.

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Reply Posted by 12345 on Monday January 27 2014 at 16:31
I hope they get the compensation they deserve.

Poor lad, all the best.

Reply Posted by all on Monday January 27 2014 at 16:42
It's about time the police admit something because they can get away with all sort

Reply Posted by Caroline on Monday January 27 2014 at 16:47
Hope it sets him up for life, shameful, all the best for your future x

Reply Posted by CM on Monday January 27 2014 at 16:57
Hope he gets the compensation that will enable him to lead a decent life. And the lads that did this to him in the first place with just 5 1/2 years between them...should be more.

People do need to wait for more information about why the police didn't get help for this fella sooner...and people on the facebook page asking why they didn;t breathalyze him are missing a point...they thought he was drunk...maybe he was in such a way that they thought he was too drunk to give a sample...this DOES happen, and it's an offence, I believe. The police have to then wait until the person is recovered enough to get a proper sample. I'm not saying that is what happened, just that without the facts, we just don't know.

To counter that, it may be true that the police were negligent...again, we do not know. I don;t believe that the police would DELIBERATELY avoid providing help for this lad...which is what some people seem to think.

Anyway, best of luck for the future...and hope some good comes your way to help you through life.

Reply Posted by Lynne on Monday January 27 2014 at 17:23
Bless him. Mistakes happen every day, and unfortunately, this is one of them. It's a shame we are such a litigious society. The police have admitted it was a mistake, but people seem to think the family are just out for compensation. I have no idea if they are, but I hope a simple sorry would suffice.

Reply Posted by lee b on Monday January 27 2014 at 17:56
he will get nothing because the poilce are more interested in getting money off you theres more people died in poilce cells and not one penny has been handed out the cheif of poilce in barnsley is too busy giving credits to his officers when they give tickets out , forget compensatoin its the poilce there all stuck up each other

Reply Posted by The real Fred on Monday January 27 2014 at 18:57
Lee b & NWA

It's idiots like you which contribute the lack of morale in the police force, and you wonder why sometimes they end up dealing with people in a manner which is on the edge of what's acceptable and yes they do sometimes cross the line.
Imagine having to deal with imbosiles like you all day, no wander things like this happen, I could not do their job for tens times there salary!!

I truely hope that Dean is paid the massive amount of compensation he will need to make his life as near to normal as possible.

Reply Posted by andy on Monday January 27 2014 at 19:07
well well. !!

Reply Posted by lauren on Monday January 27 2014 at 22:27
I hope he gets the compensation he deserves. As it was the police's fault, why he's got brain damage, they should make sure his medical and any other costs, are covered for the rest of his life.

Reply Posted by What? on Tuesday January 28 2014 at 00:31
@Lee B less people die in police custody in England every year than are struck by lightening so where you get your facts from, I don't know (I'm assuming the same place that tells you a copper gets a bonus for giving out a ticket)

As for this story it's an absolute tragedy, as a final year medical student it's absolutely understandable that the police would mistake somebody with a serious brain injury as being drunk, in fact if somebody presents at the hospital with a head injury and is acting drunk it's a tell tale sign of brain injury.

I'm sure lessons will have been learned to help prevent this happening again for everybodies sake

Reply Posted by Amazed on Tuesday January 28 2014 at 01:03
Surely if the poor lad had been hit over the head with a metal pole he would have had some kind of injury which meant they should have taken him straight to hospital drunk or not ,are people blind .

Reply Posted by Jus a view on Tuesday January 28 2014 at 07:45
Beer smells . Head in I jury's don't it's simple stuff Sherlock as for them dumping people in cells arresting the victim of a crime (standed policing )

Reply Posted by Ks on Tuesday January 28 2014 at 08:22
Jus a view how do u know he hadn't been drinking before he got assault so did smell like beer?..just a thought Sherlock..

Reply Posted by Angry on Tuesday January 28 2014 at 20:22
How awful, this guy has a life sentence, and the criminals have a few years it's a joke, the law is so wrong, I wish this guy all the best and also his parents.

ipso Regulated