A RETIRED Broughton man hugged his wife with relief after being spared jail for shooting an intruder in the eye with an air rifle.

Last month a jury convicted Anthony Goldsworthy Spray, 64, of High Cross Bungalow, Broughton-in-Furness of causing grievous bodily harm to Paul Evans but cleared him of intent.

After an agonising wait to learn if he would be imprisoned, Spray was given a suspended 12-month prison sentence at Preston Crown Court on Monday.

He must also pay £3,000 to his victim, who had to have his left eye surgically removed.

The court heard that Mr Evans, a 19-year-old trainee civil engineer from St Ives, Cambridgeshire was in Broughton to celebrate a family birthday at the pub near Spray's home.

After drinking at the party at the High Cross Inn, Mr Evans went to listen to music in his car, and around 3am went to urinate in a dark lane. He then mistakenly tried to get into the Spray's home, believing it to be the pub.

Terrified by banging and rattling at the door, Spray and his wife Patricia believed they were being burgled. Spray loaded his .22 air rifle and, thinking the front door would burst in, slipped off the security chain.

Mr Evans "lunged" at him, and Spray fired from the hip, at a range of four to five feet. Spray was "horrified" to discover the pellet hit the young man's left eyeball.

Judge Michael Byrne said Spray had fired to deter the intruder, not aiming at any particular part of him. A forensic expert described the surface area of both eyes as less than half of one per cent of the human body, and said it was "a freakish accident" which would be virtually impossible to replicate.

But he stressed that, by their unanimous verdict, the jury had decided Spray should not have fired the air rifle.

The judge said he took the "exceptional course" of suspending the prison term because Spray did not create the situation; he did not know why the young man was at his door; there was panic and Spray was genuinely afraid for himself, his wife and his home; he did not known if the intruder was armed, or part of a gang; and he did not intend to harm Mr Evans.

The judge said no amount of money could compensate for the loss of an eye and the trauma, and ordered Spray to pay £3,000 compensation within two months, plus £1,650 prosecution costs, and defence costs of no more than £15,000.

Outside court, Spray told the press: "I'm relieved to be going home with my wife and family, and wish to put this nightmare behind us."

May 20, 2003 14:00