The 25 year old returned to Liverpool Magistrates where he was found not guilty in the half day trial after fingerprint evidence and a confession from his cousin Josh Wilson proved he was not guilty. The court too just 15minutes to aquit him after the evidence had been heard.
Taxi driver Mr Kay said in court that his passengers had paid upfront for the fare to McDonalds. Mr Kay claimed he refused to queue at the drive through and asked the passengers to either make their purchase at the hatch or leave the vehicle for which he would return part of the fare.
Mr Kay then said that the men refused to leave the vehicle so he drove them to a nearby police station which was shut. He then alleged Barton and Wilson began causing damage to the partition between the front and rear seats. He responded by filing a "yellow one" - an emergency signal.
He said in court:
"I heard a crack, turned around and he was yanking and yanking and it smashed. He grabbed hold of me, he was strangling me."
Barton responded in his evidence by saying:
"He didn't seem to be in control and seemed to be going really mad.
I said 'Let's forget about the money and get out of the cab and get to safety', but he wouldn't stop the cab."
Mr Wilson said in court that the driver who responded to the call arrived brandishing a rounders bat and jeered "come on Barton".
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