A MAN who killed a trespasser will not be re-charged with murder following an inquest into the teenager's death, prosecution lawyers said today.

John Butterworth, 51, was initially charged with murdering Blackburn teenager Daniel Freeston (below), but the charges were dropped by prosecutors who said he had used reasonable force.

Last July the 18-year-old got into Mr Butterworth's home in Water Street, Accrington, and demanded money.

However, the case was referred back to the Crown Prosecution Service last week after an inquest into Daniel's death concluded that he had been unlawfully killed.

The inquest heard that Mr Butterworth had put Daniel, of Blackamoor Road, in a headlock fand he had stopped breathing, turned purple and lost consciousness.

Tests revealed that the cause of death was pressure on the neck.

But the chief crown prosecutor of CPS Lanca-shire, Bob Marshall, said: "In the light of the coroner's report we are quite satisfied that on the strength of the evidence submitted to us our decision not to prosecute Mr Butterworth was correct.

"We have to decide whether the evidence provides a realistic prospect of conviction and the evidence that we have seen so far does not do so. If new evidence emerges we shall of course look at it to see whether or not it changes our decision."

Mr Butterworth's solicitor, Philip Smithies, from Barlow Rowland solicitors, in Accrington, said his client was relieved.

He said: "He has suffered over this. He never intended to even hurt Daniel and certainly never meant to be responsible for his death.

"His life has been tipped upside down. He has had many sleepless nights and been very upset about what happened.

"I am sure that he will be very relieved that the CPS has taken this decision."

Mr Smithies added that Daniel's mum, Tracie Collier, had written to the CPS to say that everyone had suffered enough, a view shared by his father, Shaun Freeston.

He said: "John would like to thank Tracie and Shaun for their attitude."

After the inquest into his son's death Mr Freeston, 41, of Blackamoor Road, Blackburn, said: "I am sure Mr Butterworth has had as many sleepless nights as I have had over what happened on that night, and I am sure his world has been turned upside down as much as mine and my family's has.

"No matter what the outcome is from the CPS it will not bring Danny back."