A thug who left a graduate with a brain bleed after launching a sickening attack at a petrol station has been handed a jail sentence.
Bernard Hirsch was left ‘profoundly’ disabled after he was assaulted outside an Asda store by Tyren Pollard in December 2017, before he died two years later.
Mr Hirsch’s wife said he was left unable ‘speak, write, walk or move by himself’ after Pollard punched him in the face, before repeatedly hitting him with his walking stick on Marsland Road in Sale, Manchester.
The victim was later taken to hospital, where scans showed he had a bleed on the brain. His injury contributed to his death two years later at the age of 43.
Pollard, 52 was convicted of manslaughter and inflicting grievous bodily harm following a trial at Minshull Street Crown Court last year.
He was handed prison sentences of two and five years for both counts, which he will serve concurrently.
Jurors watched CCTV of the two men – who both had mobility issues – arriving at the petrol station on the morning of December 11, 2017.
While filling up his Audi A3, Pollard, began shouting at Mr Hirsch. He then walked towards the kiosk before turning and approaching Mr Hirsch, who was fuelling his Jaguar at an assistance pump.
Pathologists concluded that the head injury sustained during the attack was a factor in Bernard Hirsch’s (pictured) death
Pollard, 52 (pictured) has been jailed after being convicted of manslaughter and inflicting grievous bodily harm last year
Mr Hirsch (pictured) died in 2020 after being admitted to hospital with Covid-19. A post-mortem found the virus to be the cause of his death, but that his head injury had contributed
Witnesses said they saw Pollard punch Mr Hirsch in the face before repeatedly striking him with his walking stick, which he has used to walk since being involved in a road traffic accident in 1997.
In his submissions, Pollard claimed he had mistaken Mr Hirsch for a man who had earlier hurt his Shih Tzu dog in his Audi while both their cars were waiting at traffic lights.
He said Mr Hirsch gave him ‘the finger’, which he thought was ‘motorist banter’, after the victim reportedly sounded his horn for 10 to 15 seconds, before swinging one of his crutches at him and accidentally hitting his wing mirror instead.
But Michael Brady KC, prosecuting, claimed Pollard had fabricated the altercation in order to ‘paint Mr Hirsch in a bad light’.
The court heard that, after heading inside to pay for his petrol, Pollard told the cashier Mr Hirsch didn’t ‘need to be at f*****g pump six’ and that ‘there was nothing wrong with him’.
Staff went to check on Mr Hirsch, who had suffered a cut lip and was said to have been left ‘dazed and stunned’. Mr Hirsch didn’t tell his wife what had happened when he returned home.
Days later, he collapsed after suffering severe headaches and vomiting and was taken to Wythenshawe Hospital, where scans revealed he had a bleed on the brain.
Mr Hirsch, who suffered from Nephrotic Syndrome and awaited a kidney transplant spent nine months in hospital before he was discharged in August 2018.
After spending time in a coma and with carers, Mr Hirsch was re-admitted with suspected Covid-19 on March 20, 2020 and died eight days later.
While a post-mortem established the coronavirus as his cause of death, pathologists concluded his head injury also contributed.
A statement by Mr Hirsch’s wife Marzena, read by prosecutor Michael Brady KC described him as a ‘caring man’ who ‘lived his life to the fullest despite his condition’ before the incident.
She said: ‘I try to remember Bernard as he was and not the shell of a man that he was before his death.’
Defending, John Jones KC said Pollard believed he had ‘every right to defend himself’ and claimed both men ‘argued or raised issues with each other mutually’.
He said Pollard’s actions were not ‘premeditated’ and described them as ‘impulsive, spontaneous and very short lived’.
Judge Maurice Greene highlighted that Pollard struck Mr Hirsch multiple times. He said he was ‘satisfied at least one of the blows struck him in his head’.
Pollard was seen throwing a punch before hitting his victim multiple times with a walking stick
Mr Hirsch with his wife Marzena, who in a witness statement read out to the court described him as a ‘caring man’ who ‘lived his life to the fullest despite his condition’ before the incident
Mr Hirsch (pictured) was discharged from hospital in August 2018 after nine months of treatment but was left disabled from the attack
Mitigating, Mr Jones said Pollard is disabled himself, which could result in difficulties in custody. He also said Pollard had recently suffered bereavements.
Pollard, of Newbury Avenue, was sentenced to two years for count one – inflicting grievous bodily harm – and five years for the manslaughter count. The sentences will run concurrently.
Following the hearing, Detective Sergeant Kirsty Wroe, from Greater Manchester Police Trafford district, said: ‘Pollard’s senseless and totally unwarranted attack left a man with a serious bleed on the brain, and drastically reduced his quality of life over two years until his death.
‘His actions have left a family grieving – and all of whom have been strong and resilient in what has been an incredibly difficult few years.
‘Pollard is now behind bars and I hope that Bernard’s family now receive some closure, as they continue to rebuild their lives following his sad passing.’
