THE father of a little girl who choked to death on a lollipop sobbed in court as he was spared a jail term for threatening unlawful violence.

Carl Evans, aged 35, was arrested last year after he vowed to "cave in" the head of a woman who helped raise £1,400 for his daughter's headstone.

Evans' daughter, Sophie, aged five, died in May 1999 after a lollipop she was eating lodged in her windpipe.

Neighbours in Little Hulton set up a committee to raise money for a teddy bear-shaped headstone.

The violent row blew up when Evans became unhappy about the way the money was administered. He believed it was not being used for the benefit of Sophie's memory.

Evans, formerly of Graymar Road, Little Hulton, admitted affray and intimidating a witness at Manchester's Minshull Street Crown Court.

He broke down in tears as Judge Barry Woodward -- who imposed a six month jail term suspended for a year -- told him: "There is no need to be upset -- I am not going to send you to prison. I have considerable sympathy for you.

"I find it quite understandable the very considerable sense of grievance you might have had if you were of the mind that what was happening was not for the benefit of your child."

Evans' arrest happened as the tragedy over Sophie descended into bitterness and family feuding.

He and his wife Tracey, aged 25, split up in October last year and a legal battle began over plans for the child's headstone.

Evans had blocked moves for the grey granite headstone to be placed on the grave, claiming he had been "cut out" of the arrangements. He eventually allowed the stone to be put in place.

Jon Gregg, prosecuting, said Evans was arrested after he asked Hilary Peat -- treasurer of the Sophie Evans Memorial Fund -- to hand over £500 from the collection, saying it was needed to pay to open the grave before Sophie's funeral.

She became suspicious because the DSS was to pick up the bill for the ceremony.

Evans then asked for another £150 to pay for a buffet, but no cash was handed over. The £1,400 raised was then allocated for the headstone.

Mr Gregg said: "Evans arrived at Mrs Peat's home in a temper.

"He demanded the money, saying it had been collected for the family.

"Mrs Peat understandably asked him to leave, but he pushed her against the wall and said he would kick her head in and cave her head in."