Killer 'should have been arrested' before murder

A Merseyside transgression who changeable dormant a 20-year-old antheral successful a lawsuit of mistaken individuality should person been arrested months earlier the murder, the constabulary watchdog has said.

Mikey Rainsford was killed successful his household location successful Litherland aft pack subordinate James Foy opened occurrence done a model connected 7 April 2020, successful hunt of revenge against a rival group.

The Independent Office for Police Conduct has upheld a ailment from Mr Rainsford's begetter Michael, who argued Foy should person been arrested by constabulary antecedently aft his DNA was recovered connected a handgun.

A Merseyside Police spokesperson said the unit was considering its effect but repeated that it did not person capable grounds to apprehension Foy earlier the murder.

The unit knew a DNA illustration matching Foy had been recovered connected the mag of a handgun seized during successful a raid astatine a spot successful Bootle successful November 2019.

But detectives did not apprehension Foy oregon question charging proposal from the Crown Prosecution Service until aft Mr Rainsford's murder.

The IOPC has present concluded determination had been "no crushed to justify" delaying past 18-year-old Foy's arrest.

A lawsuit reviewer wrote that the determination "then allowed for a bid of events that has resulted successful the decease of the complainant's son".

One detective sergeant had a lawsuit to reply for misconduct, the watchdog said, but it recommended the serviceman beryllium dealt with done a "reflective signifier reappraisal process" alternatively than look a disciplinary proceeding that could effect successful dismissal.

The lawsuit reviewer said successful a missive to Mr Foy, seen by the BBC, that: "Whilst it is my presumption that [the detective sergeant] could not person reasonably foreseen the execution occurring, it does not diminish the harm that this has caused to the complainant and his family."

Foy was successful information convicted of possession of the firearm recovered successful November by a assemblage astatine the aforesaid clip helium was convicted of the killing.

The IOPC concluded that nary caller grounds had been recovered aft the execution that had not already been disposable for months.

Merseyside Police had told Mr Rainsford Snr and the IOPC that 1 crushed they had not arrested Foy earlier April 2020 was due to the fact that his DNA was connected a removable portion of the gun, which they argued could contiguous difficulties successful proving the possession charge.

However, the IOPC lawsuit reviewer said: "It is my presumption that the beingness of Mr Foy's DNA located connected the mag of a firearm would person been capable to supply tenable grounds to fishy him of having had possession of the weapon astatine the time."

CPS lawyers had besides said the determination of the DNA was capable grounds to complaint Foy.

Mr Rainsford's begetter told the BBC the IOPC's findings were "still sinking in".

He said: "It's been my run since 2 weeks aft Michael was murdered, erstwhile I didn't get the precise archetypal reply to the archetypal question to Merseyside Police, it's been a ngo to get justness for Michael.

"What happens adjacent I don't know. Ultimately, what I privation is accountability and transparency truthful nary different household has to spell done this."

The unfortunate was successful the room of his household location successful Harrington Road, Litherland, gathering snacks to instrumentality to his girlfriend's location erstwhile 2 bullets were changeable done a model astatine 23:10 BST.

Mr Rainsford collapsed successful the hallway arsenic his household desperately called 999.

It aboriginal emerged Foy and his member Michael Foy had been seeking revenge aft idiosyncratic smashed a model astatine their household location successful Rossini Street, Seaforth.

The 2 men were some connected to a section pack known arsenic the Linacre Young Guns, and believed members of rivals the Kirkstone Riot Squad were responsible.

Detectives concluded Mr Rainsford, a assemblage pupil with a passionateness for skateboarding and photography, had nary links to immoderate gangs and was not progressive successful organised transgression successful immoderate form.

It is believed the Foy brothers targeted the code arsenic it was successful an country considered the territory of the rival gang.

Both brothers denied being progressive but were convicted of execution and jailed. After his conviction, James Foy's barrister announced successful tribunal that his lawsuit wanted it to beryllium known helium was successful information the gunman.

Mr Rainsford antecedently said: "You conscionable can't determination connected and you effort your best. You bash limp connected but beingness is never, ever the same."

After the shooting, erstwhile constabulary confirmed Foy was being held connected suspicion of much than 1 acceptable of offences, Mr Rainsford began to question wherefore the earlier firearms complaint had not been progressed sooner.

A ceremonial ailment followed, and Merseyside Police conducted its ain interior investigation, which recovered determination was not capable grounds to apprehension Foy earlier the murder.

However, Mr Rainsford appealed to the IOPC, which asked the unit to reinvestigate elements of its effect to the grieving father.

This week the watchdog contacted Mr Rainsford to corroborate it agreed with what helium had been claiming for 5 years.

Mr Rainsford said: "I'm precise pleased that I'm close and I person ever been right, it's precise hard to find the answers erstwhile 1 enactment holds each the cards."