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While his twin children were out trick-or-treating, a professional MMA fighter killed the father in front of them with two punches

Zohan Mistry
Published

Daniel Ballard

A professional martial artist was sentenced to prison yesterday for using two punches to kill a father in front of his children.

On Halloween of last year, Philip Mersh, 43, was out trick-or-treating with his two little twin boys when Daniel Ballard, 31, ran into him.

On October 31, while celebrating with his family, Mr Mersh was brutally attacked. He had severe facial and brain injuries and tragically passed away in the hospital two days later.

The father and his two young sons were out with his fiance when the attack occurred.

Shortly before the incident, the family and their friend David Hume entered the Mariner’s bar in Leigh-on-Sea, Essex, together with his small daughter.

The MMA fighter “took offence” when Mr Hume gestured towards Ballard’s girlfriend as they left a pub, which led to the incident.

This resulted in an altercation amongst the group caught on camera and mobile phones as a “melee.”Video evidence was played in court, demonstrating Ballard punching Mr Mersh’s fiancée before delivering two blows to the father, standing with his hands raised.

After receiving the second punch, Mr Mersh fell to the ground after stumbling.

Ballard of Southend, Essex, was first accused of causing actual bodily harm, common assault, and grievous bodily harm with intent.

However, following Mr Mersh’s passing, his charges were changed to manslaughter.

“The defendant’s use of force was disproportionate, offensive and unlawful.” – Basildon Crown Court

Following his admission of Mr Mersh’s manslaughter in May, Ballard was given a sentence on Wednesday at Basildon Crown Court.

Ballard was “far bigger and taller than Mr Mersh,” according to the prosecution, who claimed that the punches were “full force punches” and that there was a “mismatch.”

Ballard’s status as a “professional fighter” who had previously participated in MMA battles worsened the mismatch.

The Prosecution added:

 “The defendant’s use of force was disproportionate, offensive and unlawful.

“Mr Mersh stood with his hands up to pacify the defendant, asking him to stop and calm down.

“It’s clear at that stage Mr Mersh was offering no threat and there was nothing to prevent the defendant from walking away”.

Mr Mersh was then taken by ambulance to the Royal London Hospital, where doctors discovered he was brain dead.

His cause of death was listed as complications from head trauma, according to a post-mortem.

“I feel utterly empty that he is no longer here. There is not a day where I don’t leave the house and am reminded of what happened.” –

Philip’s Partner Sarah Wilson

Ballard, however, remained at the site until he was taken into custody, where witnesses said he appeared “upset.”

According to the court, the MMA fighter cooperated extensively with the investigations but claimed he was acting in self-defence.

He sustained wounds, such as a fractured eye socket and a broken nose.

Ballard had 12 prior convictions for 27 violent offences between 2009 and 2021.

He had previously been convicted of domestic violence against a companion, and during the incident with Mr Merch, he violated the terms of a suspended prison sentence.

The court heard that despite his prior convictions, Ballard had expressed “great and genuine regret” for the killing of Mr Merch and had refrained from fleeing the scene.

Observers described him as “upset and weeping.” Additionally, “clearly no premeditation” and the incident “was not a sustained attack.”

“Daniel Ballard, you’re 31 years old and pleaded guilty on an earlier occasion to the offence of manslaughter,” His Honor Judge Graham stated to Ballard as he handed down the sentence.

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