A former prison officer from Darwen who was cleared of wrongdoing at a criminal trial caused a man's death by unlawful killing, a coroner has concluded.

James Johnson was found not guilty of both murder and manslaughter of David Toulson when he appeared before Manchester Crown Court in July 2023, after he claimed he ‘blacked out’ while holding a friend in a ‘guillotine’ grip during a party.

However, at an inquest into Mr Toulson's death at Bolton Coroner's Court, the coroner concluded he had died due to unlawful killing and said the circumstances of his death "constituted the offence of manslaughter".

At the inquest on Wednesday, Mr Toulson's family told the court that he “sustained a long and vicious attack” and urged the coroner to conclude it was unlawful killing.

Bolton Coroner's Court heard how Mr Johnson had been out with his friend Mr Toulson, celebrating his 40th birthday in Manchester.

They had become incredibly drunk at a bottomless brunch and went back to Mr Toulson's flat in Salford to take drugs.

During the criminal trial at which he was acquitted, Mr Johnson expressed he had feared being drugged and was concerned Mr Toulson was trying to ‘rape’ him after he tried to move him from the bathroom.

Reaching his conclusion, Coroner Peter Sigee said: “The previous evidence [showed] of their good friendship and there was not any evidence that Mr Johnson acted in a bad manner, towards Mr Toulson or any other person."

Touching on Mr Johnson's actions after the fatal incident, he said: “There is a range of reasons why he may have tried to move him including checking his comfort and welfare.

“He did not act to or hurt Mr Johnson, although he did become apprehensive as to what was going on because of the drugs.”

Coroner Peter Sigee said the pair became friends in early 2022, when Mr Toulson was working as a fraud prevention officer, and the court heard how this was the first time Mr Johnson had become friends with an openly gay man.

Forming a friendship group principally through fell walking, they supported each other and shared videos and images of dark humour and sometimes of a sexual nature.

None of the group regularly drank alcohol excessively or took drugs but agreed to take Mr Toulson to Manchester’s Gay Village for his birthday.

They started drinking at 10.30am and were severely intoxicated by the time they returned to David’s flat in Adelphi Street, Salford, at 4.30pm.

Both men had participated in taking drugs, which they believed to be cocaine.

Mr Sigee confirmed Mr Johnson had voluntarily taken the drugs.

After becoming unwell Mr Johnson passed out in the bathroom and there were photos taken of Mr Toulson beside him in the corridor.

Police found after his death that the bag of drugs they had taken contained both cocaine and ketamine.

At 4.17am Mr Johnson had Mr Toulson in a guillotine hold, which he had learned as part of MMA training as a student, and he knew that it was a powerful hold which if maintained would render a person unconscious.

He called the police at 5.25am telling them he had killed his friend and that he hadn’t moved for 20 minutes.

All resuscitation attempts failed, and he was confirmed dead at 6.30am.

Reaching a conclusion of unlawful killing, Mr Sigee said: “Mr Toulson's death was caused by compression of the neck and trauma to the head, the compression caused by a guillotine hold deliberately placed on Mr Toulson whilst Mr Johnson was intoxicated with alcohol and drugs, which he consumed while celebrating his birthday.

"It constitutes an offence of manslaughter. 

"This must have subjected Mr Toulson to some physical harm. There was no lawful justification for Mr Johnson to act as he did and this was a cause of his death.

"Given the factual findings, I determine Mr Toulson was unlawfully killed on the basis of manslaughter and I complete the record of inquest as follows."

Mr Johnson disputed the conclusion and expressed that he thought another drug may have been in his system that was not detected.