Harrogate school crash: US colonel to face trial next month

The trial of a highly decorated American colonel accused of seriously injuring two schoolboys in a collision in Harrogate is to take place next month.

Benjamin Oakes, 46, of Tewit Well Avenue, Harrogate, is charged with causing injury by careless or inconsiderate driving on Yew Tree Lane on February 2. He has pleaded not guilty.

Two 15-year-old boys, who cannot be named for legal reasons, suffered serious injuries in the collision near Ashville College.

A pick-up trick has crashed into a wall outside Ashville College

The scene on Yew Tree Lane in February.

A two-day hearing is scheduled to begin at York Magistrates Court on December 11, a case management hearing in York was told on Friday. Mr Oakes, who is on unconditional bail, did not attend.

He previously appeared at Harrogate Magistrates Court in August when both he and magistrates opted not to send the case to crown court, where he would have faced a jury trial.

The schoolboys are expected to give evidence via a video link during the trial.

According to his LinkedIn profile, which was taken down before August’s hearing, Mr Oakes is chief of the space policy division for the US joint chiefs of staff at the Pentagon.

The joint chiefs of staff consists of the most senior leaders in the United States Department of Defense, which advises the president.

He was previously a political-military analyst in the space policy division and before that was commander of the operational support squadron in the US Airforce.

Hundreds of US military personnel are stationed at RAF Menwith Hill, near Harrogate.

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Police officer cleared of sexual assault in Harrogate

A police officer has been found not guilty of sexually assaulting a woman at a cemetery in Harrogate.

Christopher Hudson, 32, a Harrogate police constable, was accused of assaulting the woman in a car park at Stonefall Cemetery on Wetherby Road.

However, following a trial at Leeds Crown Court, a jury today unanimously acquitted Mr Hudson of the allegation.

The prosecution had alleged that Mr Hudson had stroked the woman on the back of the neck and ear and “pulled her…towards him” before kissing her.

Prosecuting barrister Gerald Hendron alleged that Mr Hudson then took hold of her hand and placed it on an intimate part of his body despite her telling him “no” repeatedly.

He alleged that Mr Hudson then put his hand on the woman’s inner thigh and that she was “shocked and confused”.

Mr Hendron said the woman had sought help from a counsellor about stress which was brought on by the alleged incident in February 2021.

‘Inconsistencies’

However, defence barrister Rebecca Hadgett said there were “inconsistencies” in the woman’s account of events and that Mr Hudson “never touched her in the way she alleges”.

Mr Hudson, of Hollin Terrace, Huddersfield, was arrested in March 2021 when he denied sexually assaulting the woman, who cannot be named for legal reasons.

He was suspended from his job pending the outcome of the trial.

Mr Hudson, who worked for West Yorkshire Police before joining the North Yorkshire force in 2020, walked free from the dock when the jury returned its verdict a short time after retiring to deliberate.

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Man denies two counts of attempted murder in Beckwithshaw

A man will face trial accused of two counts of attempted murder following an incident in a village near Harrogate.

The man, in his 40s, appeared at Leeds Crown Court today when he pleaded not guilty to two counts of attempted murder. The alleged victims cannot be named for legal reasons.

The defendant, of Otley Road, Beckwithsaw, was arrested following an incident in the village on June 20 last year.

Mrs Justice Lambert adjourned the case for a trial at the same court on March 27. It’s expected to last five days.

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‘Crazy Russian’ found guilty of murder at Harrogate’s Mayfield Grove

A man nicknamed the ‘crazy Russian’ has been found guilty of brutally murdering Gracijus Balciauskas at a flat on Mayfield Grove, Harrogate in December last year.

After two days of deliberation, the jury at Leeds Crown Court found Vitalijus Koreiva guilty by a majority verdict of 11-1.

Polish national Jaroslaw Rutowicz was found not guilty of murder but guilty of manslaughter by a majority of 11-1. Judge Rodney Jameson QC told him he will also receive a “substantial custodial sentence”.

Mr Balciauskas, from Lithuania, was just 41 years old when he was killed.

Body wrapped in a rug

The trial began last month with the court hearing how Mr Balciauskas’s body was found wrapped in a rug after a lengthy drinking binge involving the three friends turned violent.

CCTV footage was shown of the men leaving the flat to buy more alcohol on several occasions in the hours leading to the murder.

Rutowicz told the court how Koreiva, who is Lithuanian, erupted during a drunken game of chess with Mr Balciauskas at 5am, which led to Koreiva punching and then kicking him.

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Harrowing video footage taken on Rutowicz’s phone of a bloodied and bruised Mr Balciauskas was shown in court. The clips showed him being kicked by Koreiva whilst he was laying defenceless on the floor pleading for help.

In one of the videos, Rutowicz was heard shouting at Mr Balciauskas in Polish, “Why the f*** did you send us there? Now you look like this”.

‘The crazy Russian’

During the trial, Rutowicz said he had been threatened by Koreiva with his life if he called 999 after Mr Balciauskas died. He said Koreiva’s nickname in Harrogate was the “crazy Russian” and he had an unpredictable character.

However, prosecuting barrister Peter Moulson QC poured scorn on his claim and accused Rutowicz of lying.

Last week, Koreiva pleaded guilty to manslaughter after telling the court he had been an alcoholic since he was 13. He argued he was not in control of his actions on the night Mr Balciauskas died, which the jury ultimately rejected.

Mr Balciauskas died of internal bleeding after being kicked in the spleen. The prosecution told the jury he could have been saved if either man had called an ambulance sooner.

Instead, the pair carried on their drinking session.

Koreiva and Rutowicz will be sentenced next month.

Harrogate man ‘out of his mind’ on alcohol admits attacking friend

Vitalijus Koreiva has admitted punching and kicking Gracijus Balciauskas during a drunken argument but that he was “out of his mind” on alcohol during the weekend he died.

Mr Koreiva, 36, and Jaroslaw Rutowicz, 39, are accused of murdering Mr Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

Yesterday afternoon and today at Leeds Crown Court, Mr Koreiva was cross-examined by defence barrister Simon Kealey QC and prosecuting barrister Peter Moulson QC.

The court heard how Mr Koreiva, who is Lithuanian, had abused alcohol since he was 13 and there were periods during his life when he was drinking a litre of vodka a day or “until I get knocked out”.

He moved to Harrogate in 2017 to move in with his sister in a failed attempt to get sober and had previously been in prison in Germany for drug offences.

Mr Koreiva said he was working at the Morrison’s factory in Flaxby packing onions and carrots and had developed a friendship with both Mr Rutowicz and Mr Balciauskas whilst living in Harrogate.

Read previous articles on the trial below:

Game of chess

Mr Koreiva disputed Mr Rutowicz previous claim that the argument took place over a game of chess but said he could not remember how it began.

The court heard how on in the early hours of December 20, Mr Koreiva erupted after Mr Balciauskas told him to “go f*** himself”.

Mr Koreiva then said he raised his fists in aggression and punched Mr Balciauskas four times in the face.

A video was again shown in court, taken on Mr Rutowicz’s phone, that showed Mr Koreiva kicking him whilst Mr Balciauskas was laying bloody on the floor and semi-conscious.

When asked why he kicked a defenceless man, Mr Koreiva said:

“I was in such a state I didn’t know what I was thinking or doing.”

He then said he “did not remember” what happened after he kicked Mr Balciauskas.

‘I was in shock’

After several hours passed without either man calling an ambulance, Mr Rutowicz felt his pulse and told Mr Koreiva that he was dead. Mr Koreiva said he attempted CPR to try and save him.

“I had two hands on his chest and I was doing CPR. I saw the blood in his mouth at that moment Rutowicz said, ‘It’s too late, leave it, leave it.

“I was in shock. I couldn’t believe it. It was unexpected really.”

Mr Koreiva then said the pair had a drink of alcohol together “to give our last respect for Gracijus, a drink for our friend.”

Speaking about the assault on Mr Balciauskas, he added:

“If I was sober it would never have happened. I was out of control.”

‘Out of our minds’

Mr Koreiva also admitted to putting Mr Balciauskas’s dead body in a rug after he died. He said both himself and Mr Rutowicz were “absolutely out of our minds and in madness”.

He added:

“We didn’t know what we were doing. You can’t imagine me and Rutowicz carrying a dead body through Harrogate town centre? It was a situation when you are drunk, lost and don’t know to do.”

During cross-examination, Mr Rutowicz claimed that Mr Koreiva threatened him with his life he called 999, which he denied.

He said:

“He is trying to get out of prison. I wasn’t holding him or threatening him. He was free to go. He’s lying. He’s a good actor.”

Police interview

In Mr Koreiva’s original statement given in the days after the incident took place, he told police that he saw Mr Rutowicz strike Mr Balciauskas twice.

However, in court, he admitted this was not true and he initially tried to “create another version” of events because he feared Rutowitc would pin the murder on him.

Mr Koreiva confirmed that he did not see Mr Rutowicz be violent towards Mr Balciauskas on the night that he died.

He told the court, “I’m taking my responsibility for the death of Gracijus” who he called a “good man”.

Mr Koreiva added:

“I want to apologise to Gracijus’ family for everything that happened. He did nothing wrong and he didn’t deserve this”.

The trial will continue tomorrow.

Doubt cast on Harrogate murder suspect’s claim

Doubt has been cast on a murder suspect’s claim that he was not involved in the death of Gracijus Balciauskas at a flat on Mayfield Grove in Harrogate last year.

Jaroslaw Rutowicz, 39, and Vitalijus Koreiva, 36, are accused of murdering Mr Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

The trial at Leeds Crown Court began two weeks ago with the prosecution giving evidence.  The court heard how Mr Balciauskas’s body was found wrapped in a rug.

Mr Rutowicz took the stand last week to begin his defence. He claimed Mr Koreiva violently killed Gracijus Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.

Today Mr Rutowicz was cross-examined by Mr Koreiva’s barrister, Peter Moulson QC, who suggested his version of events was “simply a lie”.

‘In shock’

Much of Mr Moulson’s questioning focused on why Mr Rutowicz did not call the police until almost 18 hours after the alleged murder took place.

The court had previously been shown CCTV footage of Mr Rutowicz leaving the flat and returning several times to buy alcohol in the hours after Mr Balciauskas died.

Mr Moulson QC said:

“For almost 18 hours after your friend sustained his injuries, you went backwards and forwards to the flat voluntarily. You were never being threatened by Mr Koreiva, that is simply a lie.”

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During today’s hearing, Mr Rutowicz repeatedly said that he was in shock after witnessing the death of Mr Balciauskas.

Mr Rutowicz repeated his previous claim that he had been threatened by Mr Koreiva with his life if he called the police. He said Mr Koreiva’s nickname in Harrogate was the “crazy Russian” and he had an unpredictable character.

He said:

“It was that fear. Nobody had threatened me before in my life like that, that he would find me and kill me. As long as that aggression was there I kept coming back.”

Harrowing images

The court was again shown harrowing video images, filmed on Mr Rutowicz’s phone, of Mr Balciauskas bloodied and barely conscious after being assaulted at the flat on Mayfield Grove.

Mr Moulson QC suggested the reason he filmed the encounter was to use it as a threat against Mr Balciauskas if he “crossed” the pair again, which Mr Rutowicz denied.

He said:

“[I filmed it] so I could report to police what Vitalijus had done. I didn’t kill him. I didn’t beat him.”

The afternoon finished with Mr Koreiva on the stand beginning his evidence. The trial continues tomorrow.

Harrogate murder trial adjourned until next week

The murder trial of Vitalijus Koreiva and Jaroslaw Rutowicz has been adjourned until Monday due to problems finding a Lithuanian translator.

Mr Koreiva, 36, and Mr Rutowicz, 39, are accused of murdering Gracijus Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

The trial began on Monday last week at Leeds Crown Court and was set to continue until at least the end of this week.

Mr Koreiva, who is Lithuanian, was due to take the stand this week but his translator is unavailable until Friday and the court has been unable to find another one.

One of the 12 jurors has also caught covid, so Judge Rodney Jameson QC today adjourned the trial until Monday morning.

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The trial began last week with the prosecution giving evidence.

The court heard how Mr Balciauskas’ body was found wrapped in a rug and CCTV footage was shown of the three men buying alcohol in the hours leading up to his death.

This week, the defence began with Mr Rutowicz claiming Mr Koreiva violently killed Mr Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.

Harrogate murder suspect claims he feared for his own life after ‘brutal’ assault

A man on trial for murder claimed his friend violently killed Gracijus Balciauskas after a drunken game of chess turned ugly — and then threatened to do the same to him if he dialled 999 for help.

Jaroslaw Rutowicz, 39, and Vitalijus Koreiva, 36, are accused of murdering Mr Balciauskas at a flat on Mayfield Grove in Harrogate on December 20 last year.

The trial at Leeds Crown Court began last week with the prosecution giving evidence. The court heard how Mr Balciauskas’s body was found wrapped in a rug and CCTV footage was shown of the three men buying alcohol in the hours leading up to his death.

Mr Rutowicz took the stand today to begin his defence.

Speaking through a translator, the Polish national said he came to the UK in 2004 and worked as a bricklayer.

After moving to Harrogate in 2019, he developed a friendship with Mr Koreiva and Mr Balciauskas through work.

The three men ended up living together at 6 Mayfield Grove. Mr Rutowicz described Mr Balciauskas as a “brother” and said they would meet in the evenings after work to drink and talk about their future plans.

‘Brutal’ assault

The drinking session that ultimately led to Mr Balciauskas’ death began on December 19. Mr Rutowicz said tensions flared after Mr Koreiva shaved off some of Mr Balciauskas’s hair as a practical joke whilst he was sleeping.

Mr Rutowicz said in the early hours of the next morning the three men ran out of alcohol so Mr Koreiva and Mr Rutowicz took a taxi to Pannal’s BP petrol station to buy more.

They returned to Mayfield Grove at around 5am when Mr Balciauskas challenged the two men to a game of chess, which they often enjoyed playing together while drinking.

Mr Rutowicz said Mr Koreiva erupted in anger during his game with Mr Balciauskas and described the ensuing beating of Mr Balciauskas by Mr Koreiva as “brutal”.

He said:

“Vitalijus was shouting more than Gracijus. At one point Vitalijus got up and threw Gracijus onto the floor from the stool. He started to beat him with his fist and with the heel of his foot.”

Mr Rutowicz then filmed a bloodied and bruised Mr Balciauskas with his mobile phone. He claimed this was to stop the fight and provide evidence that he was not involved in case it was later needed by police.

He said:

“I then decided to start filming. It was brutal. I wanted to use that in order to stop the fight. I approached and started to pull Gracijus away. Vitalijus was beating him and kicking him.”

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‘If you call the police, I will kill you’

After the assault, Mr Rutowicz said Mr Balciauskas was still alive but fading out of consciousness.

He said he wanted to call 999 but was stopped by Mr Koreiva who said he would kill him if he did.

Mr Rutowicz said:

“He started to threaten me. Gracijus was lying on the floor. I could hear him saying something. I was afraid to approach because Vitalijus told me to stay away or he would kill me.

“At a certain point, Gracijus’s head was drooping. I approached to film him and recorded what he was saying to me.

“I had my phone in my hand and turned towards Vitalijus. I said I was going to call the police. He raised his fist to me and said if you call the police or ambulance, I will kill you.

“That terrified me. I felt fear as if my body was paralysed by it.”

Mr Rutowicz said he and Mr Balciauskas “loved each other like brothers” and maintained that he did not strike or kick him during the assault.

He then went to check his pulse, which was faint. He said:

“Gracijus whispered to me, ‘it hurts’

“I said to him, “brother, everything will be fine, hang in there.”

“He knew I wanted to help him, he said ‘thank you’.”

Mr Rutowicz, who was tearful in court, described the moments after Mr Balciauskas died.

“It was a shock to me. I had lost my brother. I turned my head towards Vitalijus and said, ‘You’ve killed Gracijus. Gracijus is dead.’

“I said, ‘If I had called the ambulance when I wanted to, he would still be alive’.

“But I was threatened. It was a complete nervous breakdown for me. Vitalijus sat and looked at what I was doing. I simply got up feeling broken and sat down on the bed.”

‘Total shock’

With Mr Balciauskas now dead in the flat, Mr Rutowisz claimed Mr Koreiva wanted to cover up the crime and suggested wrapping his body up in a rug before burying him. Mr Rutowisz told the court:

“He said, ‘Shut your trap. I was in prison for four years. I will not go back’.”

Mr Rutowisz claimed he was in fear for his life after Mr Koreiva ordered him to go to Asda on Bower Road to buy more whiskey and cigarettes. He said he would “find him and kill him” if he did not return to Mayfield Grove.

He said the reason he returned to the flat and didn’t call 999 was due to fear.

“Never before had I the feeling that someone could kill me. There was a second feeling of realising that my brother was dead. Those two feelings caused total shock in me and a breakdown.”

After Mr Koreiva fell asleep later that evening, Mr Rutowisz went back to Asda at around 11pm.

He called family members in Poland to tell them what had happened before calling 999 to say there was a dead body at the flat.

He strongly denied telling an Asda employee that he confessed to murdering Mr Balciauskas.

The trial is expected to last until the end of this week.

Harrogate murder suspect appears in court

A 23-year-old murder suspect from Harrogate did not enter a plea today when he appeared at Leeds Crown Court.

Daniel Ainsley is accused of murdering Mark Wolsey, 48, who was found dead inside a flat in Mayfield Grove, Harrogate on March 5.

The case was adjourned for a further case management hearing on July 1, at which Ainsley, of no fixed abode, may enter a plea.

The trial was confirmed to take place on 18 October. Ainsley was remanded in custody until then.

Mr Wolsey was found with serious injuries after police were called to Mayfield Grove just after 10pm on a Friday night. He was certified dead at the scene by ambulance staff.

Extra police patrols were deployed in the area following the incident “to reassure those living and working nearby”.

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