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A 39-year-old man used his BMW as a "lethal weapon" to kill a pedestrian in a Birmingham street after a chance encounter escalated into a violent confrontation, a jury has been told. Momodou Johm, from Bristol, denies murdering 27-year-old Adisu Chala, who died in Mott Street, Hockley, at around 12.30am on Monday, April 20. The prosecution alleges that Johm drove at Mr Chala, then reversed over his motionless body at speed, before leaving the scene without stopping or summoning help.
The trial opened at Birmingham Crown Court on Tuesday, October 27. Prosecutor Sally Howes KC told the jury that the fatal sequence lasted only seconds, but that within them the vehicle was transformed from a mode of transport into a weapon.
Daily Dazzling Dawn understands the violence followed a chance meeting between the two men in the middle of the road. The court heard that Johm's BMW initially clipped Mr Chala as he stood in the middle of the Mott Street junction. "The car stops momentarily with the engine revving loudly," Ms Howes said. Mr Chala appeared to be very agitated by the contact and struck the BMW's bonnet with his fist.
The vehicle then moved forward, causing Mr Chala to fall to the ground, but he rolled and stood up immediately. He was not injured at that stage and continued to run towards the BMW, kicking the driver's side and punching at the window. The driver's door opened and Mr Chala slammed it shut, after which the two passenger doors of the BMW opened and two passengers alighted.
The BMW continued along Mott Street, but not in a continuous forward motion. It repeatedly stopped and reversed before moving forward again, and was seen to weave from side to side rather than travel in a straight line. Mr Chala pursued the car at a run and, despite efforts by a friend to restrain him, continued to punch and kick the bodywork and the driver's window.
It was at that point, the court heard, that the BMW moved forward and then, with a clear run at Mr Chala, who was standing in the road with his back to the vehicle, reversed at speed. The impact was forceful enough to turn him upside down before he landed motionless in the road. The BMW's rear window shattered, and shards of glass were seen around his body.
The BMW then moved forward and continued to drive forwards before stopping and, again, reversing at speed over the body of Mr Chala. From the first impact, his body had not moved. The inertia from the second was sufficient not only to drag him several yards but to roll him over and over at speed.
Johm then reversed back down Mott Street and into Great Hampton Row to drive away. Emergency services were unable to save Mr Chala, who was confirmed dead at the scene an hour after the incident.
Ms Howes told journalists that Johm did not stop and did not summon help. "It was over within a few seconds but within that few seconds, the car was transformed from a mode of transport into a lethal weapon," she said. "He didn't stop, he didn't summon help, he drove away. This was not an accident. This running down was deliberate."
Daily Dazzling Dawn learned that the Crown's case rests on the assertion that the defendant's conduct behind the wheel demonstrated an intention to do really serious harm. "It is the crown's case that Momodou Johm's actions behind the wheel demonstrate an intention to do really serious harm, therefore this was not a tragic accident - but murder," Ms Howes said.
Johm, of Bristol, has already pleaded guilty to causing death by dangerous driving. He denies murder. The jury must decide whether the prosecution has proved that his driving amounted to a deliberate act carried out with intent to cause really serious harm, the threshold required for a murder conviction.
A murder conviction carries a mandatory life sentence, with the minimum term to be set by the trial judge. A conviction for causing death by dangerous driving carries a maximum penalty of life imprisonment under current sentencing guidelines.
The trial at Birmingham Crown Court continues, with the jury expected to hear the remainder of the prosecution evidence before the defence case opens. Daily Dazzling Dawn will carry further updates as the case proceeds.
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