Man killed brother by stabbing him nine times at home in Stirling

A man killed his own brother by stabbing him nine times at his home in Stirling.

Boan D’Arc, 60, assaulted Jamieson McLelland at the victim’s home in the village of Thornhill by repeatedly stabbing him on the body.

D’Arc, also known as Thomas McLelland, was accused of murdering his sibling but denied the crime, claiming that he acted in self-defence after he was attacked.

A jury at the High Court in Edinburgh rejected his self-defence plea but convicted him of the lesser charge of culpable homicide, which does not carry the mandatory life sentence for murder.

The jurors accepted that the killing of Mr McLelland, 56, at his home at The Hill on January 6 last year was committed under provocation.

Mr McLelland, who had three grandchildren at the time of the fatal attack, was taken to hospital and underwent surgery to repair injuries to his bowels.

He had underlying health conditions and complications set in, and he died at Forth Valley Royal Hospital on January 23.

Before his death, he said his brother had arrived at his home with a knife, and during a subsequent confrontation, he defended himself. He added: “He is not right in the head.”

During a call to emergency services, he said there was an argument, and violence broke out.

Advocate depute Eilidh Robertson told the court that the evidence demonstrated that D’Arc carried out a sustained assault on his brother.

She said: “He stabbed him not once, not twice, but at least nine times.”

The court heard there were injuries on the deceased that suggested he used his hands and arms to try and protect himself.

The prosecutor told jurors that the victim had used a drill in a bid to defend himself and that the account by D’Arc was “self-serving”.

D’Arc, a prisoner at Low Moss jail, told police that he was attacked by his brother armed with a drill and defended himself.

One officer told the court: “He said he had been in a fight with his brother Jamie, that he had been attacked by his brother, who hit him in the face with a drill.

“He stated that, in self-defence, he stabbed his brother with a knife because he feared for his life.”

PC Connor Zahariev said D’Arc, who appeared to have a severe facial injury, spoke freely.

Defence counsel Gareth Jones KC said Mr McLelland was a man who stood 6’1″, weighed “the best part of 30 stones” and was in possession of a power tool and used it.

He said: “He (D’Arc) said he used the knife to stab his brother in self-defence to save his own life. He stopped when his brother let him go.”

The court heard that Mr McLelland had returned to live in Scotland prior to his death after staying in the North of England.

Following D’Arc’s conviction, the jury heard he was previously jailed for eight months in 2005 for assault and sexual assault.

The trial judge, Lord Renucci, deferred sentence on D’Arc for the preparation of a background report on him. He is due to be sentenced at the High Court in Stirling on July 25.

Detective inspector Robert Wallace, Forth Valley CID, said: “My thoughts remain with Jamieson’s family and friends as they continue to try to come to terms with what happened to him. I hope this conviction will provide them with some form of justice.

“Violence has no place in our communities and we work tirelessly to ensure those responsible are brought to justice.