Johnny William Walters acquitted of murder of John McLellan but found guilty of manslaughter

A prolonged beating at a housing estate unit over a bottle of scotch – which left a frail man dead – has been ruled manslaughter, not murder.

The death of a frail man following a three hour beating at an Adelaide housing estate has been ruled manslaughter, not murder.

On Thursday, Johnny William Walters, 49, was acquitted of the murder of John McLellan at a Gilberton housing estate on 23 May, 2020.

However Supreme Court Justice Laura Stein, who heard the trial in the absence of a jury, found Walters guilty of manslaughter.

In her published verdict, Justice Stein said she could not be satisfied that Walters had intended to kill Mr McLellan during the protracted attack.

She ruled that she was satisfied that Walters would have been aware that the punches he was landing were dangerous acts which risked causing fatal injuries to Mr McLellan.

Mr McLellan was 63-years-old when he died from blunt force injury to his head at a housing estate on James St.

Johnny William Walters was acquitted of the murder of John McLellan. Picture: Supreme Court

At the start of the trial Patrick Hill, prosecuting, said it was acknowledged that both Walters and Mr McLellan, who was known to his friends as Jock, were both heavy drug users.

“Blunt force trauma was the substantial cause of death and we allege he suffered at least 30 or 40 blows to the head and body in the course of this beating,” he said.

“All of the men to varying extents were known to each other and if they all had something in common it was probably drug use.”

The prosecution case at trial was that Mr McLellan had purchased a bottle of scotch earlier in the day during a trip to the city.

Back at the housing estate, people were coming and going from Mr McLellan’s unit.

The victim emerged from his bedroom to find a portion of the alcohol drunk.

He accused Walters of taking a swig from his bottle.

Taxi image of John McLellan (back seat) and Johnny William Walters (front seat). Mr Walters was accused of beating Mr McLellan to death less than 12 hours after this photo was taken. Picture: Supreme Court

Crime scene photos from the murder trial of John McLellan. Johnny William Walters was accused of murdering Mr McLellan. Picture: Supreme Court

Another resident of the housing unit who witnessed the assault said Mr McLellan stood up to argue with Walters.

“Oh you’re going to stand up old man,” the witness told the court Walters said.

Walters struck Mr McLellan knocking him back into the couch.

Due to a combination of intoxication and the heroin running in his veins, Mr McLellan continued to goad Walters who begun beating him.

The witness said he did not intervene out of fears for his own safety and after more than an hour started helping Walters clean up the crime scene.

The court heard that the exact cause of death was unclear with both brain injury and respiratory distress from Mr McLellan’s pre-existing lung condition possible causes.

Mark Norman KC, for Walters, argued at trial that the prosecution had not proved his client had caused Mr McLellan’s death, had intended to kill him and whether self-induced intoxication was a factor in the incident.

Walters will appear in court in February for sentencing submissions.