92-year-old’s killer out of jail on licence is sent back for burglary

A MAN twice convicted of killing a Leeds pensioner, has been jailed for four years after a court heard he re-offended while on licence from his prison term.
Mark FItzgerald.Mark FItzgerald.
Mark FItzgerald.

Mark Wayne Fitzgerald was first found guilty by a jury in 2003 of the manslaughter of Lily Myers and burglary at her home in Sandmoor Close, Alwoodley, but three years later the Court of Appeal quashed the conviction and ordered a retrial.

That was held in 2007 when another Leeds Crown Court jury again convicted him of her manslaughter for which he was ultimately sentenced to seven years with 12 years concurrent for burglaries.

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Mrs Myers had only just turned 92 when she died in 2002 after developing pneumonia some three weeks after she was left with a broken collarbone and fractured vertebra in her neck following a confrontation with Fitzgerald.

The court heard it occurred when the elderly widow found him stealing jewellery. Fitzgerald has always denied he was the intruder involved.

Richard Smith, prosecuting, told the same court yesterday that on November 16 last year neighbours of a 91-year-old pensioner living with her son in Harrogate Road, Leeds, alerted police about the suspicious behaviour of a man outside.

He was seen looking round the property before he climbed up onto a wheelie bin and up a chimney stack towards an open bathroom window.

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Officers arrested Fitzgerald nearby because he matched the description given and the woman neighbour identified him. It was only then the occupants of the house discovered what had gone on.

Mr Smith said Fitzgerald had first appeared in court for burglary in 1982. His record showed 17 convictions covering 47 offences .

The pensioner and her son indicated in a victim impact statement for his latest crime that they no longer felt secure in their own home.

Helen Cousins, representing Fitzgerald, said he had only put his upper body inside before realising the house was occupied and leaving.

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He had been keeping out of trouble and had genuinely gone there looking for odd jobs to do and had rung the doorbell.

“He finds it difficult now to elucidate what was in his mind and why he risked all he had achieved in the two years since his release.”

She said it was a blip in otherwise blameless two years and his probation officer believed it was a mistake on his part and not his reverting to old ways.

She told the court Fitzgerald had changed, having also fallen in love with a partner who was supporting him. “I seek to persuade you he is not the man his record portrays and that he should not be sentenced on his past.”

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He had already been recalled to serve his sentence until September 2014 with no chance of parole before the same month this year.

Jailing Fitzgerald, 43, of Nowell Parade, Harehills, who admitted burglary with intent, Judge Neil Clark said “This offence was committed when you were on licence for that long sentence of 12 years.”

“The house you chose to burgle was occupied.”

The judge said while there was no such confrontation in the current case Fitzgerald was an intelligent man who, of all people, knew the impact of such crime.

Burglary was “a blight” often leaving people insecure in their own homes in the knowledge someone had invaded the very place they should feel secure.

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