Pensioner who shot dead a burglar near Heathrow is jailed

Reuben Gregory shot dead a burglar he caught breaking into his caravan and was today jailed for illegally owning the shotgun

A 72-year-old man who shot dead a burglar he caught breaking into his caravan in the middle of the night was today jailed for illegally owning the shotgun without a licence.

Reuben Gregory told police who arrived in woodland near Heathrow airport and found Wayne Digby’s body that he ‘was the one that did it, mate’.

The pensioner was initially arrested on suspicion of murder but later released and told he would not be prosecuted for the death of Digby, 48.

Digby was caught trying to remove the door from his caravan and armed with a meat-tendering hammer and a makeshift Molotov cocktail fire bomb.

Later Mr Gregory was charged with possessing a firearm without a certificate – an offence he admitted in court last September.

He was today jailed for 10 months, with the final half of his sentence to be served on licence, Judge Paul Dugale said

Members of Mr Gregory’s family had to be split up from the family of his victim Digby with shouts of ‘he shouldn’t have been there’ made from the Gregory camp.

The tragedy bears strong similarities to the case of Norfolk farmer Tony Martin who was jailed after fatally shooting a burglar in 1999.

His case prompted a huge public outcry and his murder conviction was reduced to manslaughter leaving him to serve just three years in prison.

Fellow burglar Anthony Hearn was jailed for 10 years last month after admitting conspiracy to commit aggravated burglary for his role in the violent raid.

Judge Dugdale said: ‘I have given this case a great deal of thought over the last two weeks after I sentenced Mr Hearn and it is a difficult matter.

‘The whole case is a very sad one as I know you acknowledge. I have to sentence you for the crime you have committed which is possessing that shotgun without a licence.’

He added: ‘I have to consider what your intention was for having that firearm in your possession and the fact was it was not held in your possession for what would be regarded as normal use of a shotgun, such as for clay pigeon shooting or some other form of game shooting.

‘It was owned by you for what you said was for your protection.’

Gregory had told police that he owned the shotgun, which was kept loaded at all times in his caravan and found with two cartridges and a used shell, was for ‘self-preservation.’

Wayne Digby (pictured) was caught trying to remove the door from his caravan and armed with a meat-tendering hammer and a makeshift Molotov cocktail fire bomb

Wayne Digby (pictured) was caught trying to remove the door from his caravan and armed with a meat-tendering hammer and a makeshift Molotov cocktail fire bomb

The ramshackle caravan is pictured today as police continue to investigate the death 

The ramshackle caravan is pictured today as police continue to investigate the death 

Judge Dugdale meanwhile praised the country’s strict gun laws and insisted it was essential to prosecute Gregory for the safety of the local community.

Tony Martin case: 1999 death that sparked debate about how homeowners can defend their property

Tony Martin (right) killed Fred Barras, 16, and wounded accomplice Brendon Fearon, 29, with his unlicensed shotgun after he found them late at night inside his home in August 1999.

He was jailed for life for murder at Norwich Crown Court in April 2000, but later had his sentence reduced to five years for manslaughter.

He appealed against his conviction, claiming that his account was not properly put forward at his trial. It was also revealed that he had Asperger’s Syndrome.

Fearon, who admitted conspiring to burgle Bleak House, accompanied by Fred Barras, was jailed for three years at Norwich Crown Court in 2000 and was released in August the following year.

Mr Martin’s case provoked a national debate about the measures homeowners can take to defend their property.

The farmer, who is known for his eccentric behaviour, was finally released in 2003, but never returned to live in his derelict detached home on his 300-acres of land at Bleak House Farm.

Instead he is thought to have spent the last 12 years sleeping in his car and at the homes of friends.

Mr Martin has often spoken about how householders should have the right to protect themselves. 

‘Our community has very little gun crime when you compare us to other jurisdictions around the world and undoubtedly that is down to the rigorous and strict gun licensing that is enforced by the police and the courts and that gun licensing must be preserved by the courts when in fact breaches occur within it,’ he added.

‘The breaches of the licensing legislation in this case are serious and breaches in any case will be treated as a serious matter.

‘When an unlicensed gun is within the community it means the police have no opportunity of ensuring that it i safe, securely held by people for the right reasons and held in a way that minimises the risk that it could fall into criminals’ hands for criminal use.’

He added: ‘It was kept by you for self-defence which will never be a reason for owning a shotgun in this country.’

He continued: There is in no doubt that on June 12 you were the victim of a serious aggravated burglary and a serious attempt to get into your caravan.

‘I accept that on that night you would have been awoken by your sister screaming and it would have been a very difficult situation in which you found yourself.

‘You are the primary carer for your sister Cathleen and I accept that it leaves you in a difficult situation today. I also accept there have been previous cases where attacks have taken place at your caravan.’

The court had heard that the OAP and his sister lived in a caravan in woods at Colnbrook, Berks., and had £38,000 worth of jewellery plus £1,300 in cash around the caravan.

In the 1980s, Gregory had been the victim of a robbery and was tied up. After that he obtained the shotgun and asked police for a certificate for it but officers refused. However, the OAP kept the gun in case he was attacked again.

Officers from Thames Valley Police, including marksmen, were sent to guard the scene and found Digby's body, which was covered with this tent. Mr Gregory told police straight away he had shot him

Officers from Thames Valley Police, including marksmen, were sent to guard the scene and found Digby’s body, which was covered with this tent. Mr Gregory told police straight away he had shot him

Gregory appeared before magistrates at Slough, Berks., in September and admitted illegally owning the double-barrelled shotgun which he used to kill Wayne Digby.

The 72-year-old shot him through a hole in the door with his 1972 12-gauge Sable double-barrelled side-by side shotgun before later telling police ‘I’m the one that did it, mate.’

Officers later found a rucksack next to Mr Digby’s lifeless body containing a meat-tenderising hammer, cable ties and bolt cutters while the ingredients for a crude Molotov cocktail were also found nearby.

Prosecuting Michael Roques today said: ‘It’s right to say a tennis ball was recovered from close to the caravan and that tennis ball had a split cut into it in which allowed some cloth to be inserted and a tiny bit was poking out the top, and that was covered in accelerant.

‘There was also in the rucksack some bleach and a funnel.’

Prosecutor James Cable had told East Berkshire Magistrates’ Court in Slough in September that Gregory lived in a caravan with his sister which was only accessible by foot from the Colnbrook bypass.

The pensioner was initially arrested on suspicion of murder but later released and told he would not be prosecuted for the death of Digby, 48. Instead he was prosecuted for not holding a shotgun licence

The pensioner was initially arrested on suspicion of murder but later released and told he would not be prosecuted for the death of Digby, 48. Instead he was prosecuted for not holding a shotgun licence

‘That caravan has no mains electricity, no running water or any access to a landline telephone or a mobile phone,’ he said.

He added: ‘Police became aware of an incident occurring at 3.23am, having received an emergency call on 999 from Mr Gregory.’

He explained that Gregory and his sister had flagged down a car on the nearby Colnbrook bypass to borrow a mobile phone to let the authorities know he had shot an intruder in the early hours of June 12.

Mr Cable added: ‘When he made that 999 caller he told the caller a number or persons had been trying to break into into his address, that he had to shoot one of them and he believed he was dead.’

When armed police officers arrived they found Mr Digby’s body about 100 yards from the caravan, which Gregory had returned to with his sister.

Mr Cable explained that the shotgun round had hit him in the left side of his chest, breaking two ribs and damaged his liver and pancreas.

He added: ‘When police arrived at his caravan and asked if he was aware what had happened he said, ‘yes, I’m the one that’s done it mate, I’ve been attacked in my caravan’.

‘It should be pointed out that next to Mr Digby’s body was a rucksack. That rucksack was later searched by police who found a mallet, cable ties that had been placed in a position to restrain a person, a bottle of bleach and a funnel.

‘Near to the door of the caravan police discovered a bottle which did not belong to Mr Gregory or his sister which contained an accelerant. Next to that was half a tennis ball and a piece of cloth.’

Mr Cable added: ‘When he told police about the shotgun he said he had bought it from a unknown person in the 1980s.’

He told police Gregory had originally attempted to obtain a shotgun certificate at Langley Police Station but had been refused because his caravan had not been deemed secure enough, although there was no police record found of that attempt.

Speaking of the event itself Mr Cable summarised Gregory’s confession to police and said: ‘He was awoken by the sound of his sister screaming and saw people attacking the caravan.

‘The doors of the caravan were similar to that of a stable door and it was being pulled out of its mount and lifted up by the intruders.’

He explained that Mr Digby made a hole in the door with what was believed to be a knife or a piece of metal and Mr Gregory picked up his shotgun, which he kept loaded, and shot him.

The 72-year-old admitted possession of a shotgun without a certificate. He was not charged over the killing. He and his sister Cathy were questioned by detectives about the death of Wayne Digby before they were both later released.

Mr Roques today told the court that Gregory had confessed everything to police at the earliest opportunity and described his interview with detectives, in which he explained his reasoning for still possessing the weapon.

‘It was only there for preservation, that’s all it was, to help you out,’ he read.

‘If a big gang turn up with knives and guns I ain’t going out there with my fingers.’

He told officers that police had come out to his caravan at some point between 20 and 25 years ago when he had tried to get a shotgun licence.

‘I said I wanted to get a shotgun licence and they looked at the caravan and said because you live in a caravan you cannot get a licence’,’ Mr Roques read.

‘He was asked if he understood it was an offence to own a shotgun without a licence and he said ‘I’ve heard, I’ve heard it yes’.’

Defending Nick Cotter said: ‘Mr Gregory was very full and frank in his interview with the police and didn’t seek to hide anything or mitigate what was a serious incident.’

He added: ‘He says he is sorry that anyone got hurt in this incident. I spoke with him and his cousins outside of court and in fact he makes no bones about it that he has taken another life which is something he must always now live with.’

Mr Digby died after he was shot in the stomach when he tried to burgle the pair’s caravan on June 12 and a third man arrested in connection with the incident, Tony Hearn, aged 48 years, was charged with a single count of conspiracy to commit burglary.

Gregory, who lives on pension credit, was held initially on suspicion of murder before he was charged with the firearms offence. His sister Cathy was released with no further action ahead of his appearance at Slough Magistrates’ Court.

After he was charged with the firearms offence, a Thames Valley Police spokesman said a 72-year-old man arrested on suspicion of the murder of Wayne Digby was ‘released without charge’.

Officers from the Thames Valley Police’s Major Crime Team said Mr Digby was formally identified by family members and a post-mortem examination revealed the cause of his death was a single gunshot wound to his abdomen at the caravan on the outskirts of Heathrow Airport.

Police and paramedics had been called to the remote woodland near a layby off the busy A4 Colnbrook bypass, near Slough, Berks., and found the body of 48-year-old Mr Digby, who lived locally.

Nearby residents described the Mr Digby, who had died instantly after being shot, was a known heroin addict and also had been involved in previous incident involving the Gregorys.

A Thames Valley Police spokesman said at the time: ‘Officers were called to an address near the Colnbrook bypass at 3.23am on June 12 this year to reports that a man had been shot.

‘Emergency services attended the scene including armed officers and discovered a man in his forties who was declared dead.’

Mr Cable added in September: ‘The Crown Prosecution Service (CPS) has considered the situation and the offence of homicide. He has not been charged with anything in relation to the homicide investigation but in relation to the possession of the firearm.’

Defending Gregory, Umar Khan, said at the earlier hearing: ‘His family had been targeted and had lived at that location since the early 1960s and lived a frugal lifestyle.

‘He says that on one occasion in the early 1980s the family had been involved in a very distressing experience when their caravan had been burgled and family members were tied up and the family had lived in fear therein.’

He added: ‘The sole purpose for having possession of [the shotgun] was for a need of defence for himself. The CPS has considered the circumstances and what they say is he acted in self-defence.’ 



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