A family has lashed out at a decision not to charge the man who they believe killed their teenage son while he ‘defended’ female friends on a Halloween night out.
Ben Smith, 18, was punched outside a McDonalds in the early hours of the morning while dressed up for Halloween on a night out with friends in Bath.
At the time, he was ‘blamed’ for his own death and considered the aggressor but they believe new CCTV footage contradicts the ‘official narrative’.
His mum, Rachel Smith, said: ‘We were all cross, thinking “what the hell Ben have you done? Why are you reacting?” Everyone that knew him said they didn’t understand why he would react as it was so out of character.
‘That was until we all went down to watch the footage.
‘Ben falls like a tree. I said he was unconscious already on the way down. It also shows another punch thrown at him on the way down. How can it be self-defence to punch someone falling away from you.
‘We came out with the full knowledge Ben hasn’t done anything. He gets very angry when he is asked to leave but does not raise a hand to him at any time.
‘It was horrific to watch. If my son was the aggressor and had been scrambling across people to get to the suspect then fair enough. I don’t want someone to be punished.
Ben Smith, (pictured) 18, was punched outside a McDonalds in the early hours of the morning while dressed up for Halloween on a night out with friends in Bath
Ben’s parents (pictured) have slammed the Crown Prosecution Service (CPS) for failing to bring a case against Ben’s ‘killer’
Mrs Smith recalled getting a knock on the door and then rushing to Southmead Hospital where Ben was kept on life support for two days (pictured)
‘It can happen – something can go horribly wrong. But that is not what happened. Ben had been defending a girl and may have been verbally very angry. But the suspect turned it into a physical altercation.’
The incident on November 1, 2021 was provoked by a man, unknown to the group, who allegedly ‘pushed’ one of Ben’s female friends.
CCTV footage shows Ben, who is covered in fake blood, getting verbally angry, he was then punched and fell to the ground.
Ben’s family have slammed the Crown Prosecution Service (CPS) for failing to bring a case against Ben’s ‘killer’.
They claim there is not enough evidence to launch formal proceedings because the police didn’t gather witness statements instantly from the scene or arrest the then suspect early on.
They are pleading with the police for a ‘lip reading’ specialist to determine what was said.
Mrs Smith recalled getting a knock on the door and then rushing to Southmead Hospital where he was kept on life support for two days.
She said added: ‘The consultant came in to me and said your son has the worst head injuries anyone could possibly have.
At the time, Ben was ‘blamed’ for his own death and considered the aggressor but his parents believe new CCTV footage contradicts the ‘official narrative’
Ben’s family are pleading with the police for a ‘lip reading’ specialist to determine what was said
‘He said he was not coming out of this. How can you have the ‘worst’ possible head injuries just by falling.
‘We are adamant he was punched on the way down – which pushed his head harder into the ground. In our view that is not self defence.’
The family said they have since ‘hit brick walls’ everywhere they looked but were demanding the case be re-opened.
They have called for a change to the law to ensure all cases where ‘self-defence’ is initially claimed to be brought in front of a jury and taken to court.
Ben’s dad Arthur Smith, 62, said he couldn’t even say goodbye to his son in hospital as he had Covid at the time.
Mr Smith described Ben, who had taken on a carpentry apprenticeship as the happiest he had ever been.
He said: ‘They tried to say Ben behaved aggressively. But we have all watched the videos and cannot see any physical aggression. Something was said in McDonalds that made him react the way he did.
‘He is angry but you don’t see his hands come up at any point.
Ben’s dad Arthur Smith, 62, said he couldn’t even say goodbye to his son in hospital as he had Covid at the time
Mr Smith described Ben, who had taken on a carpentry apprenticeship as the happiest he had ever been
‘I can not understand why it has not gone to court.’
The family said they only came face-to-face with their son’s ‘killer’ at the inquest where the coroner ruled Ben died of a ‘head injury.’
Mrs Smith said: ‘He showed no remorse and has never said sorry or he was frightened. I am disgusted.’
Avon and Somerset Police said its Major Crime Investigation Team (MCIT) carried out a ‘full and thorough investigation’ and arrested the suspect at 4.30pm on the Monday.
This was initially on suspicion of assault causing grievous bodily harm and he was subsequently rearrested two days later on suspicion of murder.
A spokesperson said: ‘Detectives sent a detailed file of evidence to the Crown Prosecution Service (CPS) for a charging decision to be made.
‘The CPS concluded there was no realistic prospect of a conviction, so as a result no further action was taken.’
Police said the CPS’s decision was appealed by the family through the Victim’s Right to Review Scheme and the original decision was upheld.
The family said they only came face-to-face with their son’s ‘killer’ at the inquest where the coroner ruled Ben died of a ‘head injury’
Since Ben’s death a series of fundraisers have raised nearly £30k in his memory for charity
The CPS said in a statement: ‘The death of Ben Smith was a tragedy and we offer our deepest condolences to his loved ones.
‘We can only bring a prosecution when we are certain that there is enough evidence to provide a realistic prospect of securing a conviction. After a careful review of all the evidence available we concluded this was not the case.
‘Our decision-making in this case was independently reviewed by lawyers in different CPS units, who each came to the same conclusion that the evidence did not support a prosecution.
‘We have written to Ben’s family to explain the evidence we reviewed and how we reached our decision, and our thoughts remain with them for the loss they have suffered.’
Since Ben’s death a series of fundraisers have raised nearly £30k in his memory for charity.
