Four jailed for roles in Poplars Avenue gangland shooting

The victim was shot in the leg on the doorstep of his home on Poplars Avenue in Orford on the evening of April 24, 2020, by a gunman posing as a pizza delivery driver.

Aaron Bretherton was sentenced this afternoon to 22 years in prison with an extended license period of five years at Liverpool Crown Court.

He was convicted of conspiracy to cause grievous bodily harm with intent, causing grievous bodily harm with intent, possessing a firearm with intent to endanger life, conspiracy to to possess a firearm with intent to endanger life, conspiracy to possess ammunition with intent to endanger life and possession of cannabis.

Anthony Morris meanwhile was sentenced to 14 years in custody for conspiracy to cause grievous bodily harm with intent, possessing a firearm with intent to endanger life and being concerned in the supply of cocaine.

Also jailed was Alan Tobin, who previously pleaded guilty to two counts of conspiracy to cause grievous bodily harm, and he will serve an additional eight years consecutive to the sentence he is already serving.

Brother John Tobin, who admitted participating in the activities of an organised crime group in connection with the shooting, will be locked up for an additional 30 months on top of his current jail term.

Jaime Hamilton, prosecuting, explained how victim David Barnes answered a knock at the door shortly after 8.45pm on the night in question.

The 55-year-old discovered Bretherton stood outside the address holding pizza boxes, although he had not ordered a takeaway.

He became suspicious as his stepson Liam Byrne Jnr – the intended target of the shooting – had been warned by police days earlier that he was ‘in danger of being attacked’, and immediately shut the door again.

Aaron Bretherton and Anthony Morris

As he did so, the now 24-year-old defendant opened fire before fleeing.

One gunshot hit the floor, while another bullet travelled through the door and hit Mr Barnes in the lower right leg.

A 999 call was made and armed officers, along with response officers, attended the scene.

Byrne Jnr, who is believed to be an associate of the notorious twins Leon and Anthony Cullen and was previously jailed for four years in 2016 after being convicted of conspiracy to supply heroin when aged 22, was not home at the time of the incident.

Serving solider Bretherton attended a reconnaissance mission in the late afternoon of the same day.

Meanwhile, now 24-year-old Morris supplied the vehicle – a works van from the garage where he was employed – used to transport the perpetrators between their native Liverpool and the crime scene.

As a result of the shooting at Poplars Avenue, Mr Barnes’ tibia and fibula were shattered, requiring several operations to rebuild his leg, with metal pins held in place with an external steel cage.

In a victim statement, he said he suffers from anxiety and depression and can only walk short distances aided by crutches.

He described how he had been forced to stop work and felt he would never again be fit enough to work, meaning that he and his partner were struggling to sustain life in the way they were used to.

“My life has been ruined, will never be the same again. The damage caused has been traumatic and life-changing,” he added.

Through the case’s progression through the courts, it was heard that the trio received their orders over EncroChat, an encrypted messaging service used by organised criminals before it was cracked by police last year.

These were from a ringleader, who cannot be names at the present time due to legal reasons, who offered up a bounty of £10,000.

Through these messages, detectives discovered a second planned hit on Charlie Cullen – Leon and Anthony Cullen’s father.

Leon Cullen, formerly of Honister Avenue in Orford, was jailed for 22 and a half years in May after heading up a large-scale gang involved in the supply of drugs and firearms.

The 33-year-old was formerly Warrington’s most wanted man, having been arrested in Dubai in January last year after nearly two years on the run.

Twin brother Anthony, of Colemere Close in Padgate, was handed 27 years behind bars in 2019 over the conspiracy.

Hours after the Poplars Avenue shooting, another unidentified conspirator posing as a pizza man attended a property on Sinclair Avenue in Longford where their dad had previously lived.

But the caller left after the new occupant informed him that Mr Cullen had since moved.

Morris was arrested when his van was pulled over by police in Southport two days after the incident, while Bretherton was detained at his home in May 2020.

A Glock 19 9mm handgun was recovered from the extractor of the cooker in Bretherton’s apartment, while ammunition and a magazine were found in the fan in the bathroom.

But this pistol is not believed to have been the weapon used during the shooting.

Gunpowder residue was also discovered on a Prada jacket and a backpack inside the flat, as was £5,000 of cash and a smoke grenade.

A further £4,000 was recovered from Fitzpatrick’s address.

Under the handle ‘Slightdrake’, John Tobin, 41, sent messages on the EncroChat network identifying the address the intended target lived at as well as other details that assisted in the planning of the shooting.

Alan, 51, was sent messages that involved discussing causing significant harm to associates of an organised crime group before sending photographs of two of the associates along with their addresses.

The brothers then exchanged messages and suggested driving to Warrington prior to the shooting as well as discussing the aftermath of it, with John advising Alan not to search on the internet for news relating to the incident.

Both Tobins are currently serving lengthy prison sentences after operating a major class A drugs ring.

Alan, of Widnes, was handed 20 years behind bars in April while John, from Liverpool, was jailed for 19 years and eight months after both pleaded guilty to conspiracy to supply heroin, cocaine, ketamine and cannabis.

Their OCG had supplied huge amounts of the illicit substances to other gangs, including that operated by the Cullens.

Alan and John Tobin

In defence of Bretherton, Andrew Jebb spoke of his client’s ‘exemplary army career’ between 2016 and July 2019, which saw him considered for promotion.

His return from South Sudan in 2019 saw him suffer from PTSD, anxiety and nightmares. The defendant has no previous convictions.

Jason Smith, defending Morris, spoke of how he was recruited late and has a sole conviction from 2013, but since then found employment and had a family.

Of John Tobin, who was also represented by Mr Smith, the court heard how he was ‘at the bottom of the chain’, with others more heavily involved.

Julian Nutter meanwhile, in defence of Alan Tobin, spoke of how he ‘does not fit the mould’ of most serious criminals who offer no contribution to society.

This was in reference to his work in acute mental health nursing since 1987.

Before sentencing Bretherton, judge Stuart Driver said: “You played a leading role in a group activity. You may not have been at the top of the pyramid, but that is an accurate description.

“You pulled the trigger, causing serious harm. Mr Barnes suffered permanent, irreversible injury.

“In mitigation, you have no relevant previous conviction, you served in the army oversees and have mental health difficulties.

“There is a risk to the public by you of serious harm.”

Turning to Alan Tobin, he said: “There was a significant degree of planning and a high level of harm was intended.

“Your role was not leading, but significant.

“For you there is a grave aggravating feature – there were two conspiracies. It was your intention that two men should be shot, and this must significantly raise the sentence.

“I find there is a significant risk to the public of serious harm by you with further offences. You are a dangerous offender in your willingness to assist in two shootings.”

And to John Tobin, he added: “You provided intel to the organised crime group knowing the individual would be attacked using violence.

“The group used your intel to attack Liam Byrne Jr's address and contributed to the ordeal of Mr Barnes.”

Following the sentencing, DI Ian Murray, from Cheshire Police’s serious and organised crime unit, said: "These men were complicit in a coordinated attack that involved weeks of planning and preparation, that ultimately led to an innocent man being shot and left with life-changing injuries.

"They each had a role to play as part of the conspiracy knowing it would cause serious harm, have the potential for reprisals with rival organised crime groups as well and spread fear within the community.

"It is a snapshot of the serious and organised crime underworld and the danger it poses to those who associate with it or to innocent people who can get caught in the cross fire.

"Over the past few years, we have worked incredibly hard to turn the tide of fear in Warrington by targeting individuals who are directly involved in serious and organised crime and making it very clear that the town is a hostile place for criminality.

"The sentences today should also serve as warning to those who think that they can travel to Cheshire to commit crime.

"We will continue to be relentless in the pursuit of those who cause the most harm to our communities and work with the public and with our partner agencies, including the Crown Prosecution Service, to bring offenders to justice and to make Cheshire a safe place to live and work."