Daniel Gardner, 36, died after his flat in Highter's Heath was deliberately set on fire by Stephen Dale, who was in a relationship with his ex-girlfriend. CCTV footage captured the moment Dale and his accomplice, Tyler Phythian, approached Gardner's home in Saxons Way and set fire to his front door in the early hours of September 19 last year.
Flames Blocked Escape Route
The blaze took hold immediately, melting the UPVC front door. Flames spread rapidly up the stairs due to the 'trench effect' of the narrow stairway, blocking Gardner's only possible route of escape. Firefighters found the 36-year-old father unconscious in his living room. He died in hospital later that morning from smoke inhalation and burn injuries. An elderly neighbour also had to be evacuated.
Investigation and Convictions
An investigation established Dale and Phythian, who lived together at a HMO in Bordesley Green, were responsible. Earlier that night, they had taken a taxi to a petrol station, where CCTV captured them filling a can with fuel. Other footage showed them approaching and fleeing from Gardner's flat at key times. Dale was in a relationship with Gardner's ex-partner, with whom Gardner had two children. Prosecutors stated Dale saw Gardner as a 'significant problem' and felt he had to act.
Claims that Gardner had mistreated one of his children were refuted by his mother, who described him as a 'hard-working, caring, devoted' son, father, and brother.
Sentences Handed Down
Dale, 47, was found guilty of manslaughter and arson being reckless as to whether life was endangered. He was sentenced to 19 years and a five-year extended licence at Birmingham Crown Court on Monday, July 6. Phythian, 19, was cleared of homicide but found guilty of arson and an assault in a separate incident. He was sentenced to four years' detention.
Det Insp Ade George said: "This was a cowardly attack on a man in his own home in the middle of night, which left two children without a father. Dale and Phythian knew Mr Gardner would have been in, as his car was parked outside. Both had been involved in buying the petrol, and they stayed together throughout. They ran away together, pausing only to try to burn the petrol can they had purchased. Quite simply, they were in it together."
Family's Heartbreak
In a statement, Gardner's family said: "Words cannot describe the unbearable pain and devastation we all feel. You gave everything and never expected anything in return. Gives me comfort you are with Nan and Grandad now who will once again look after you for me. My heart will always be broken but I hope I can find the strength to carry on without you. All my love is with you Dan. Miss you every minute of the day. Mum & Nick Ryan & Liv Elliot & Charlie Lynn & Phi."
