Elderly farmer shot burglar in the foot over suspected diesel theft, court hears

A farmer claims he shot a convicted burglar in the foot outside his farmhouse at night by accident over fears he was about to be run over, a court has heard.

Father-of-three Kenneth Hugill, 83, used a double-barrel shotgun to shoot Richard Stables, 44, as he walked out to challenge him in pitch darkness outside his isolated farmhouse in Wilberfoss, near York.

Mr Stables, of Bradford, who had been out lamping with a lurcher dog told a jury at Hull Crown Court he and a friend had stumbled on the farm when he was shot in the foot without warning.

Mr Hugill said he had gone to bed at 9pm with wife Sheila,78, to be alerted by a light on the window curtain around 2am.

He said: "I thought initially it was someone with a flash light. It was black. The next thing was a slight silhouette of a vehicle going past the farmyard entrance. The vehicle did not have its lights on. I thought it was up to no good.

"I got up. Got dressed, came down stairs, put my boot and cap on opened the gun cabinet, took out two cartridges and went out to investigate what was in the yard."

He said he walked across his yard and saw the vehicle outside his farm building.

"It revved up loudly and drove towards me. It petrified me. I thought it was coming at me," he said.

"I fired a shot down the side of the vehicle, near to the floor in to the ground to stop it coming at me. 

"At this point there were no lights on. I thought there were people in the car. I did not want to hit anybody. I just wanted to frighten them away.

"I fired a second shot up in the air. After the vehicle had gone I went back to the house. I contacted my son."

He said he fire the second shot in to the air so "they would keep on going and not come back as the vehicle passed by him, adding: "I could have shot right through the damn thing if I had wanted to."

Mr Hugill is charged with causing grievous bodily harm.

Under cross-examination Crown barrister Chris Dunn said: "The prosecution does not suggest you intended to cause serious harm. We say you were at least reckless when you discharged the gun.

"You knew these men were up to no good. Did you not think it bit much to shoot them? Even if someone is stealing your diesel is it not out of proportion to shoot someone with a gun?

Mr Hugill replied: "I did not know who was out there. There might have been a van load. It was only for protection."

The jury heard Mr Stables has convictions for burglary and theft, possession of an offensive weapon and was on a police intelligence crime list as a person active in rural crime after an incident in Helmsley where an officer threatened him with CS spray. 

His driver Adrian Barron of Oldham, has convictions for burglary, violent, handling stolen goods and criminal damage. Both men denied attempting to steal diesel from the farm.

The trial continues.