Man who fell asleep during drug-fuelled sex game jailed after partner died in gas mask
A man has been jailed for two years after he fell asleep during a drug-fuelled bondage sex game and left his tied-up partner to die with a gas mask around his face.
Kevin Adams, 54, was found guilty last week of the gross negligence manslaughter of his friend Dohoon Kim, 36, who died when the pair met for casual sex.
Mr Kim wore a gas mask and was tied up by his neck, wrists and ankles during the "extreme" sex session, Bristol Crown Court heard.
The pair had taken mephedrone, known as M-Cat, and GHB, before engaging in the consensual session at Adams' home in Exmouth Street, Swindon, Wiltshire, in June 2015.
Mr Kim died from a combination of the restriction of his airways and the effect of drugs both he and Adams had taken.
Prosecutors said Adams had failed to ensure Mr Kim's safety during and after sex and then fell asleep without removing the gas mask or restraints.
Adams, who had denied manslaughter, was jailed for two years by Judge Neil Ford QC.
The judge told him: "I have been urged to pass a sentence that falls within the sentences that could be suspended.
"I regret to say I cannot agree with this submission. Even though this death can be regarded as a tragic accident it nonetheless was caused by your gross negligence and I cannot lose sight of the fact a life was lost."
Judge Ford described the case as "very unusual" and told Adams: "You and the deceased had met on a website for those who are interested in what can be properly described as 'extreme homosexual practices'.
"You were the dominant partner and Mr Kim the submissive."
Adams had previously pleaded guilty to three counts of possession of Class A, B and C drugs and Judge Ford imposed no separate penalty.
Pavlos Panayi QC, defending, said Adams was the main carer for his 84-year-old father who was in poor health.
"It is a phrase that is often overused in a crown court but this is a case that can be described as a tragedy," he said.
"Nobody intended any harm to come to anyone that night. It is a tragedy for Dohoon Kim, his family, his partner and friends.
"It is tragedy that this defendant failed to flick a carabiner and if he had, Dohoon Kim would have lived."
During the trial, the court heard the emergency services attended Adams' terraced home after he called 999, reporting that he had found Mr Kim unresponsive and not breathing.
Paramedics attended and found Mr Kim, from Slough, Berkshire, had been dead for some time and could not be resuscitated.
A post-mortem examination found Mr Kim had low levels of GHB in his body and an "excessive" level of M-Cat.
Mr Kim was born in South Korea and moved to the UK in 2001, meeting his partner Mark Ciccone a short time later. The couple began living together in 2012.
Jurors heard Mr Kim was a "submissive" who regularly met "dominant" men - including Adams - for sex, with the permission of Mr Ciccone.
The defendant and the deceased had met 12 times before and on the 13th occasion, Mr Kim had travelled from Slough to Adams' home.
Text messages between the pair, who had met about two years previously on a dating website, refer to being "chemmed-up" - having sex while taking drugs.
Adams maintained he had not fallen asleep but had "passed out" due to the effects of drugs and physical exhaustion.
Detective Chief Inspector Jeremy Carter, of Wiltshire Police, said: "This was a tragic and needless death of a man described by his work colleagues as an industrious and ambitious person who clearly had a bright future ahead of him.
"Kim had spent the evening at Adams' home address in Swindon where the pair had taken a cocktail of drugs before engaging in sexual activity involving restraint and bondage activity.
"Adams had a responsibility to look after Kim's welfare and he failed to do so with tragic consequences. The restrains which had been placed on Kim, together with the mixture of drugs both men had taken that evening, proved fatal."
He plans to appeal.