Killer's sentence 'painfully short', widow says

Brian Farmer
Hertfordshire Constabulary/Contributed Olly Frogell: A head and shoulders image of a bald man who is leaning to the right and smiling. He is wearing a black, round-necked top. Behind him is a green patterned wall and what appears to be a gold light fitting. Hertfordshire Constabulary/Contributed
Olly Frogell died after he was hit in the face outside a football ground

A mother-of-two has questioned the sentence handed to a man who punched and killed her husband at the end of a charity event.

Olly Frogell, 48, died after 38-year-old David Lewis hit him in the face outside Hemel Hempstead Town Football Club's ground in Hertfordshire in the early hours of 25 October.

Judge Michael Simon handed Lewis, who had admitted manslaughter, a jail sentence of four years and four months on Wednesday.

Lisa Frogell-Mason, who broke down when CCTV footage of the attack was played during a sentencing hearing at Luton Crown Court, said the jail term felt "painfully short".

In a statement issued through Hertfordshire Police, she said the sentencing had left the family "utterly heartbroken".

"Nothing could ever bring Olly back, but this outcome feels painfully short of recognising the depth of our loss or the gravity of a life taken so tragically," she said.

Friends and relatives of Frogell were in court when judge Simon jailed Lewis.

Several expressed unhappiness, and one shouted "shame on you".

Hertfordshire Constabulary A police custody photo of David Lewis, who has short black hair and is wearing a grey hoodie.Hertfordshire Constabulary
David Lewis was jailed for four years and four months after admitting manslaughter

Barrister Jonathan Mole, prosecuting, had told the judge how Frogell was outside helping usher people away after a disturbance at the event - a breast cancer awareness evening.

CCTV footage showed Lewis, of Fennycroft Road, Hemel, walking up behind Frogell, then, after a brief interaction, flooring him with a right-hand punch, Mole said.

Frogell, who was from Hemel, suffered a brain injury and died on 4 November.

Lewis, who is married with two children, was arrested after handing himself in to police the day after the attack.

He said he had not realised how serious Frogell's injury was.

His barrister said Lewis thought Frogell had been following a friend who had been involved in the disturbance.

Lewis thought Frogell had made a "disparaging remark" to the friend before making a "catastrophic misjudgement" to throw a punch.

Brian Farmer/BBC A red wall contain a white image of a footballer kicking a ball and a white crest saying Hemel Hempstead Town Football Club. Brian Farmer/BBC
Olly Frogell was attacked as a private charity event ended at Hemel Hempstead Town FC

Judge Simon heard Lewis had been at the event for about five hours and had drunk eight pints of beer.

He said CCTV showed nothing in Frogell's actions to give cause for concern and described Lewis's attack as "utterly unprovoked".

The judge said Lewis was in a "significantly intoxicated state" and, "at best", made a "monumental, alcohol-fuelled misjudgement" with "catastrophic consequences".

He said the case graphically illustrated the "devastating consequences" that could result from a single punch.

Judge Simon also said Lewis had "walked around briefly and then walked away".

In his sentencing remarks, the judge said he had to pass the "least" sentence that "properly reflects the overall seriousness of the offence".

The judge added he had weighed aggravating and mitigating factors, and believed the aggravating factors outweighed the mitigating.

He concluded the "notional sentence" would be six years and six months and decided Lewis should get a "one-third credit" for a guilty plea, making the sentence four years and four months.

He said Lewis would serve "two-thirds of that sentence in custody" and then be released to serve the remainder of the sentence on licence in the community.

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