Sean Mercer

Case record: Sean Mercer

Other details

Sean Mercer was convicted of murdering Rhys Milford Jones.

Mercer was described as a member of the Croxteth Crew gang. At the time of the killing he was 16 and had been firing at rival gang members when a bullet ricocheted off a wall and struck Rhys.

Background

Rhys Milford Jones was the son of Stephen (born in Liverpool) and Melanie Jones (née Edwards; born in Wrexham). The family had an older son, Owen (born 1990). Rhys would have turned 12 one month after his death. He had just left Broad Square Primary School on the Norris Green housing estate and was due to start secondary school at Fazakerley High School in September 2007. His headteacher and neighbours described him as a friendly and popular boy who loved football.

The offence

Rhys played for the Fir Tree Boys football club and was on his way home from football practice alone. As he crossed the Fir Tree pub car park in the Croxteth Park estate, Liverpool, a hooded youth riding a silver mountain bike approached. The youth held out a Smith & Wesson handgun at arm’s length and fired three shots.

At first it was believed that one of the shots hit Jones in the neck. During the trial, a pathologist revealed that the bullet had entered his back above his left shoulder blade and then exited from the front right side of his neck.

The shooting occurred in daylight at 7.30 pm BST. Jones’s mother rushed to the scene when she heard what had happened. By the time his mother reached him, he was unconscious. Paramedics tried for one and a half hours to resuscitate him, but he was pronounced dead some time later at Alder Hey Children’s Hospital.

Investigation

Detectives arrested and later released four people aged between 15 and 19 in connection with the crime. Two further arrests were made, both teenagers, but both suspects were soon released on bail pending further enquiries.

The police appealed to the public for information. The murder weapon was described as a black handgun with a long barrel. More than 300 officers and gun crime specialists were deployed in the hunt for the killer.

Jones’s parents made a fresh appeal for witnesses to come forward on 19 September, four weeks after the murder, which was reconstructed on Crimewatch on 26 September. In the episode, Jones’s mother appealed directly to the murderer’s mother to turn her son in. It led to 12 people calling into the programme, all of whom gave police the same name.

Despite reports that the killer’s name was widely known and had appeared on internet sites and in graffiti, police continued their appeal for witnesses to come forward.

On 15 April 2008, Merseyside police confirmed that 11 people (all aged between 17 and 25) had been arrested in connection with the case. Six more males of a similar age were arrested the next day in connection with the murder: one for murder and five for assisting an offender. One of these men had already been charged with possessing a firearm. All six were remanded in custody by Liverpool Magistrates on 17 April 2008.

Another man was charged in connection with the case on 18 April 2008, and remanded the same day.

Arrest

Sean Mercer went on trial on 2 October 2008. The trial materials also described Mercer as having been released after being arrested earlier on; the investigation later progressed through further arrests, undercover activity, and evidence gathered using listening devices.

Trial

Mercer, then aged 18, was tried in the Crown Court at Liverpool and found guilty of murder on 16 December 2008, at the end of a nine-week trial.

Sentencing

On December 17, 2008, Mercer was sentenced to life imprisonment with a minimum term of 22 years, being ordered to serve that minimum before being eligible for parole.

Other gang members were convicted of assisting an offender: James Yates, Nathan Quinn, Boy “M”, Gary Kays, and Melvin Coy. Boy “K”, later revealed as Dean Kelly, was convicted of four related offences. Kays and Coy were both sentenced to seven years.

In January 2009:

• Yates was sentenced to seven years.
• Dean Kelly was sentenced to four years.
• Nathan Quinn was sentenced to two years.
• A 16-year-old was sentenced to a two-year supervision order.

The parents of the gang members, including Mercer’s mother and the parents of Yates, were later tried and convicted for perverting the course of justice.

On 28 October (year not specified in the source text), Yates had his sentence increased to 12 years imprisonment, following a referral to the Court of Appeal by the Solicitor General Vera Baird QC as being "too lenient".

Appeals

Vera Baird QC made a referral to the Court of Appeal regarding sentence leniency for Yates.

Outcome

Mercer was convicted of murder and sentenced to life imprisonment with a minimum term of 22 years on December 17, 2008.

Aftermath

Rhys Jones was a dedicated supporter of Everton FC and had a season ticket along with his father and brother. Players laid floral tributes, including football boots and football shirts, at the scene. Players and fans paid tribute in a minute-long applause at the home game against Blackburn Rovers on 25 August.

After a suggestion from Liverpool Echo columnist Tony Barrett, supported by Echo readers, Everton rivals Liverpool FC agreed to play the beginning of the Z-Cars theme tune prior to playing Liverpool’s own theme ahead of their UEFA Champions League game with Toulouse FC on 28 August. A period of applause followed, and the Liverpool players and staff, Toulouse players, and match day officials wore black armbands during the game.

Over 2,500 mourners attended Jones’s funeral, held in Liverpool Anglican Cathedral on 6 September 2007. His family issued a public invitation requesting mourners to wear bright clothes or football strips. During the service, Jones’s father read a poem he had written for his son, and Everton footballer Alan Stubbs read from the Bible. After the service there was a private burial.

On 2 November (year not specified in the source text), Mercer stabbed Jake Fahri, described as (Jimmy Mizen’s murderer). The stabbing was described as having taken place in a prison exercise yard at Moorland Young Offenders Institute in Doncaster, South Yorkshire, during an attack in which a knife made from tweezers was alleged to have been used. Fahri was rushed to hospital and was said to be recovering after the attack.

A quotation attributed to the Prison Service stated:

"A fight broke out between three prisoners. Staff acted quickly to control the situation.
'One prisoner was taken to a hospital for treatment. Police have been notified and are investigating.'"

Mercer was described as having already spent weeks in segregation after clashing with officers and governors and was thrown into a segregation unit. Mercer was also described as having been attacked by an inmate in HMP Moorland shortly after receiving the life sentence.

Rhys Jones’s murderer was described in the aftermath material as being involved in an incident with Fahri in youth custody.