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Jury Hears Defendant Told Police He Fell Asleep on Top After Sex in Grindr Death Trial

Prosecutors argue the restrained encounter caused fatal injuries and say messages and searches show he took unreasonable risks despite any consent.

Overview

  • Josh Baxter’s statement, read in court, said he tied Michael Barron’s wrists and ankles with red rope, had sex, then fell asleep on top of him for about 30 minutes before noticing he was unresponsive.
  • Paramedics testified they found Barron on the bedroom floor and concluded quickly that he had died, after Baxter called 999 and was guided to perform CPR.
  • A forensic pathologist reported fractures to Barron’s hyoid bone and thyroid cartilage, a curved neck abrasion, and a blood alcohol level of 417mg per 100ml, concluding death was likely multifactorial including alcohol, prone restraint, torso pressure and neck compression.
  • Jurors were previously shown Grindr messages in which Baxter discussed choking, restraint and heavy drinking, and were told prosecutors contend consent is no defence if serious breathing risks were foreseen.
  • The prosecution’s timeline cites Baxter messaging others, ordering food and searching online about killing during sex and checking for breathing before his arrest the next afternoon; he denies manslaughter, intentional strangulation or suffocation, and grievous bodily harm.