Family of man unlawfully killed by friend say his name has been 'tarnished' following coroner's conclusion

The loved ones of a man said by a coroner to have been unlawfully killed by a friend while celebrating his 40th birthday have welcomed the conclusion - but say his name has been 'tarnished'.

David Toulson was celebrating with friends when he was put in a 'guillotine hold' by James Johnson, an inquest into his death at Bolton Coroners' Court heard.

The hold caused 'compression of the neck', the inquest was told. Mr Johnson was acquitted of murder and manslaughter following a criminal trial.

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Mr Johnson told the inquest at Bolton Coroners' Court - and his Crown Court trial - he restrained David because he believed he was going to rape him. The court heard that after realising David was unresponsive, he called emergency services, telling them: "I think I've killed my friend."

The incident unfolded the evening of June 25, 2022, at David's Adelphi Wharf apartment. Area coroner Peter Sigee has now concluded that David was unlawfully killed and 'there was no lawful justification' for the guillotine hold.

Mr Sigee said the conclusion of unlawful killing was open to him if he was satisfied the evidence suggested it was the case on the balance of probabilities. In criminal trials, juries must convict on the basis of being sure of guilt, previously referred to as guilt being beyond reasonable doubt.

Mr Sigee said: "I am satisfied and I determine that Mr Toulson was unlawfully killed on the basis of unlawful act, manslaughter."

Following the coroner's conclusion, David's family spoke of his name being 'tarnished'. They refute claims he attempted to rape Mr Johnson.

Sister Marie Buckley said: "We are never going to get justice for David, but the fact that the death is now out there and his death has been recorded as an unlawful killing speaks volumes.

"David was tarnished as a sexual predator. The allegations are false and unfounded. All I ever wanted was to be an advocate for David and have his voice heard through me.

"Hopefully this result, even though we don't get justice, will untarnish [sic] David's name and lasting memory."

A statement released by the family read: "David did not deserve to die, he was too young. He was a happy and healthy young man that did not have a life limiting illness or involved in a freak accident. David was a gentleman with the biggest and kindest heart. He was confident and unapologetic for who he was and the LGBTQ+ community he represented.

"He was homosexual and proud. He was the real-life Peter pan, young at heart. He was a free spirit who loved animals, the outdoors and adventure.

"David was intellectual and hated injustice, he would be horrified that his name and integrity has been tarnished in this way. David was a much-loved son, brother and uncle who is missed deeply. There is not a day that goes by where he isn't in our thoughts. He will always be forever young."