Trevor Gocan who killed neighbour in row over closing gate jailed for 12 years

A former postman has been jailed for 12 years after killing his 74-year-old neighbour in a row over closing a gate.

Dad-of-two Trevor Gocan, 57, punched pensioner James O'Neill, known as Jim, so hard he lost a tooth before kicking him, leading to him dying in hospital two weeks later.

Gocan, who was today wearing glasses and a grey prison issue t-shirt and trousers, showed no emotion while sitting behind the glass-walled dock inside Court 11 at Southwark Crown Court.

Judge Hales KC sentenced Gocan to 12 years in prison, two thirds of which will be served in custody. The remainder will be served on licence.

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A jury found him guilty of Mr O'Neill's manslaughter following a trial at the same court last month, but cleared him of murder after four hours of deliberation.

They heard how Gocan and Mr O'Neill had become involved in an argument over "shutting a gate" at the entrance to their estate, in Covent Garden, Central London, where they both lived, before Gocan struck out at his elderly victim. The assault occurred in Odhams Walk, close to both men’s homes, on Sunday October 6, 2024. The victim died in hospital just over a fortnight later on Monday October 21. Gocan claimed he returned to his flat after a scuffle with Mr O'Neill and fed his cat.

He admitted having looked out of the window of his flat to check on his victim and claimed he began calling an ambulance before hearing a woman outside tell Mr O'Neill she had called one.

Gocan gave no comment during police interview. During his trial he claimed he acted in self-defence. Mr O'Neill's wife of 49 years Sara gave a moving victim impact to the court, today read by prosecutor Lisa Wilding KC. Mrs O'Neill said she had been left heartbroken that she had been unable to say goodbye to her husband, who was a dad-of-three and grandfather of four.

And she said she has since felt forced to put their home of 42 years up for sale as it is too painful for her to stay in the property close to where her husband was killed. She said: "Jim was not only my husband of 49 years but my soulmate and the reason I came to this country. His sudden and brutal killing has left me devastated.

"I am heartbroken knowing Jim will miss seeing his children and grandchildren grow up." She added: "I replay the events of the incident over and over in my mind. I struggle to sleep at night and have constant recurrent nightmares of the love of my life bleeding on the floor.

"This catastrophic event has without doubt changed my life forever. The darkness and evil I have also seen from the defendant from his lack of remorse saying 'I have done nothing wrong' haunts me relentlessly." Mr O'Neill's son Lee, a secondary school teacher, described his father as a "strong and dignified man" and "a forthright, kind and principled person" who cared passionately about supporting his community.

He said: "Every day I mourn his loss and feel a sense of injustice that I was never able to say goodbye to him. Seeing how Mr Gocan tried to lie and cover up his actions and showed no remorse has caused me pain and bitterness. I'm also left with a sense of trauma that Mr Gocan attacked my father and did nothing to help him afterwards."

The court heard Gocan had no previous convictions, but was previously formally cautioned by police for an alleged common assault on his wife in December 2012. But his wife, who has been married to him since 2007, today supported him from the public gallery and issued a statement to the court saying that since that incident he had done nothing more to make her feel scared or unsafe.

She said he has cared "hands on" for his children, including one who suffers from autism, since they were born and she is worried about the impact his case will have on them. She added they do not know their father is in jail and have instead been told he "is working in Singapore and is away".

His barrister Benjamin Aina KC said Gocan came from a challenging background and was a victim of child abuse at a children's home as a youngster. He said he was medically discharged from his job working for the Post Office in November 2023 because he was still suffering from post-traumatic stress disorder as a result.

Mr Aina said Gocan has been a model prisoner at HMP Wandsworth and has written a letter of apology to the court. In the letter, read to the court by Mr Aina, Gocan wrote: "I am so very very sorry. Words cannot describe the remorse and regret that I feel in my involvement in Mr O'Neill's death and the pain it has caused to his family.

"I hope they can take some comfort in knowing the guilt I feel is the hardest thing I have faced in my life. I fell to the most basic commandment my faith teaches in how to treat others. I could not be more ashamed that when it mattered the most I did not follow Jesus' teachings to turn the other cheek. I do not feel any hatred or ill-will to Mr O'Neill.

"While I expect neither sympathy or forgiveness, this tragedy has shattered me and my family. For a long time I sunk into a profound depression and felt suicidal. It will be the work of the rest of my life to even try to make amends for the damage caused by his death. I am sorry."

He added: "The only thing that has gotten me through this is the thought that our family will one day be whole again. I reflect everyday on the fact that this chance has been taken away from Mr O'Neill."

Mr Aina added: "What happened in October last year is completely out of character. It is in that context that lack of premeditation is relevant. It shows that something that should not have happened happened."

Today Judge Sally-Ann Hales KC told Gocan she accepted witness' evidence that he had carried out a punch, which caused a tooth to be knocked out, and a kick to the body before Mr O'Neill hit the ground.

That was then followed by another "strong kick" to Mr O'Neill's torso, which caused three ribs to be broken, during the incident at 11.54am on October 6.

She said Mr O'Neill's wife Sara had been making Sunday lunch at the time of the attack and that she and one of her and Mr O'Neill's sons rushed to the scene in the moments after the attack.

She told Gocan: "They speak of their loss far more eloquently than I can. Mrs O'Neill has lost the man she calls her soulmate and love of her life. No sentence I pass can begin to compensate them for the loss they have all suffered."

Gocan had previously attempted to argue he felt threatened and was defending himself during the attack.

But the judge said: "In his shorts and crocs he presented no visible threat. I reject you felt threatened."

She added: "The level of violence and gratuity of the final kick put [the offence] towards the higher end of category B. I regard the use of a shod foot as an aggravating factor."

She added that the location of the offence, which has resulted in Mrs O'Neill having to leave her home, and was carried out in front of members of the public, including a 12-year-old boy, was an aggravating factor.

And she added that despite Gocan's claim that there was no evidence of Gocan's claim that he began to dial 999 before stopping when hearing it had already been done.

She told him: "The truth is you did absolutely nothing."

The judge said she recognised that the sentence would have an impact on Gocan's family, including his estranged wife, who split from him in 2015, and their two children, including a 17-year-old and a 14-year-old who has autism.

She also said she acknowledged that Gocan had been affected by childhood abuse, brought up again by the death of his brother, who he called 'his childhood protector". And that he had left Royal Mail in November 2023 after more than 20 years service as a result.

But she said: "You showed no remorse at the time and none at trial. Your remorse, if it is genuine, has taken a long time in coming. Nevertheless, I accept your regret is genuine."

She added: "You walked away. Mr O'Neill did not."

The judge said Gocan will serve up to two thirds in custody and the rest on license. The 248 days he has already spent on remand will be deducted from his sentence.