A MAN who killed his partner's son-in-law acted "disproportionately and unreasonably" when he fired a sawn-off shotgun, a judge has said.
Peter Guy, 54, was jailed for 14 years yesterday for the manslaughter of Jonathan Smith, 38, who died from gunshot wounds to the chest and leg.
Mr Smith had gone to Guy's home in Melton Old Road, Melton, with his teenage son and another man after arguing with Jane Herring, Guy's partner, earlier that day.
Mr Smith had been repeatedly reversing his Ford Transit truck into Guy's van in the moments before the shooting. Guy had also been stabbed in the neck by Mr Smith's 15-year-old son, Jonathon.
During a ten-day trial at Hull Crown Court, Guy claimed he fired the illegal weapon in self-defence as he believed Miss Herring had been run over by the truck.
Sentencing Guy at Sheffield Crown Court, Mr Justice Globe said he did not believe Guy thought he was in "mortal danger" when he fired the gun at the cab of Mr Smith's truck.
He said: "You had, or may have had, no specific intent to kill or cause serious harm, but the firing of the shotgun at the cab was disproportionate, unreasonable and unlawful.
"It was also an act that was extremely dangerous, as it created substantial risk of injury or death.
"Anyone with normal self-control, tolerance and restraint would not have acted as you did by firing both barrels of a loaded, sawn-off shotgun."
After Guy was stabbed, Mr Smith came at him with a machete, making "chopping" motions.
Guy and Miss Herring fled into the bungalow, while Mr Smith got into his truck.
Guy claimed he ran into his bedroom and grabbed the sawn-off shotgun out of his bedside drawer.
Meanwhile, Miss Herring frantically called 999.
During the call, Guy could be heard shouting, "Come back", seconds before two shots were heard.
Guy had claimed he was shouting at his partner, but Mr Justice Globe said he believed he was instead shouting at Mr Smith.
Mr Justice Globe said: "I am satisfied, at that time, you were already collecting the cartridges in the hallway in order to load the shotgun, having already decided you were going to fire the shotgun.
"At that time you had no genuine belief that you or Jane Herring were in immediate fear of violence."
Mr Justice Globe said he did not believe Guy suffered a "loss of control" but agreed "substantial provocation" was caused by Mr Smith.
In a statement read to the courts, Mr Smith's father, John Smith, said: "We have laid him to rest and said goodbye, but we would have gladly traded places with him in a heartbeat.
"The hurt in our hearts will never go away.
"Our hearts have been ripped out, our dreams shattered."
Guy admitted illegally possessing the shotgun, as well as a CS gas canister, an illegal flare pistol and ammunition.
He claimed he had found the shotgun on a Lincolnshire farm.
Mr Justice Globe said: "You stole parts of a side-by-side 12-bore shotgun, assembled it, shortened it and kept it for months, insecure, at your home.
"By itself, that is an extremely serious offence."
Neighbour Susan Platten, who tried to save Mr Smith's life after hearing gunshots, was awarded £50 by the court.
