A FORMER police officer will not face criminal proceedings after a fight in which another man died.

Christopher Darwell, a 42-year-old builder, died from a heart attack after he clashed with ex-PC Sean McMyler.

The two men became involved in a dispute as they were taking their dogs for an early morning walk on the playing fields at Mount St Joseph's School, Farnworth, in January last year.

The inquest into Mr Darwell's death heard that he would not have died if it had not been for the stress of the fight.

But Crown Prosecution Service solicitors have decided to take no action against 40-year-old Mr McMyler who claimed he

From Page 1

fought in self defence. Home office pathologist Dr John Rutherford told coroner Mrs Jennifer Leeming that although Mr Darwell, of Bradford Road, Farnworth, had no history of heart problems, two of his main arteries were narrowed.

Dr Rutherford said the stress of the fight with Mr McMyler had brought on the fatal heart attack.

He told the Bolton inquest: "If he had had a completely healthy heart he would have survived." Sgt Ian Patterson of Bolton CID said there were no independent witnesses to the incident and not enough evidence to start criminal proceedings.

Recording an open verdict into Mr Darwell's death the coroner said she did not have enough evidence to be certain about what had happened on the day of his death. She said: "On the face of it the cause of death is a natural cause but Mr Darwell would not have died if it had not been for the stress of the event in which he was involved."

The inquest heard Mr McMyler's account of the fatal fight, which took place on the school playing fields.

The married father of five told in a police interview how he had taken his five dogs for an early morning walk in darkness on the playing fields and while there spotted two Saluki dogs come on to the field and a man, he later discovered was Christopher Darwell began shouting.

Mr McMyler said he didn't believe any of his dogs had been fighting but could hear the man was angry so decided to leave. He managed to get over the field gate and put four of his dogs in his van parked in Minerva Road, but the fifth dog, a border collie called Lady was still looking for her ball in the field and Mr McMyler said he climbed back to get her. He said he was then confronted by Mr Darwell who complained angrily his dogs were very valuable and threatened him if they were injured. Mr McMyler said he tried to calm Mr Darwell but then he was headbutted and the fight started. He said: "My eye seemed to explode."

A fight ensued during which Mr McMyler used some of the techniques he had learned as an amateur wrestler to restrain his attacker, but Mr Darwell, who was 6ft tall and over 13 stone compared to Mr McMyler's 5ft 8ins and 10 stone, was too strong for him.

At one stage Mr Darwell bit the end off Mr McMyler's left ring finger and surgeons later had to amputate it down to the first joint.

But after managing to punch Mr Darwell to the ground Mr McMyler said then sat on him to prevent him getting up again.

When Mr Darwell started to struggle Mr McMyler pulled on a scarf around his neck which Mr Darwell had earlier taken off him.

"All I wanted him to do was to stop struggling. When he stopped struggling I just released the pressure," he said. "He was still breathing. At no point did I believe he was dead."

Mr McMyler told how he shouted for help and ambulancemen arrived a few minutes later but found Mr Darwell was dead.

Mr McMyler had believed he was just unconscious and said he was shocked when he was arrested on suspicion of murder.

He told the coroner: "A man has lost his life and that is terrible but I don't think I could have done it any differently. I just wish he was here now because I am sure he can't be like that all the time. He just seemed to completely flip."

Speaking from the witness box, Mr McMyler offered Mr Darwell's family an apology. After the hearing his widow Sharon Darwell rejected the apology and criticised Mr McMyler's account of her husband's behaviour.

"He would never have acted like that. He was loving and hard working," she said. "There was only one side of the story."

The couple had been married for 22 years and have a grown up daughter, Kelly.

Apart from his family she added that he was passionate about his 15 Saluki hunting dogs, which he bred and are now being cared for by several friends.