https://www.dailypost.co.uk/news/local-news/we-have-been-through-hell-2935949
Johnny died on May 28 this year after being attacked on a playing field in Lydden Road, Ellesmere Port. The 15-year-old, from Liverpool, had been in town visiting friends.
The judge, Mr Justice Richards, said the defendants had been crossing the field, sending text messages at the time. They met Johnny and his friends.
He added: 'Verbal aggression came from Johnny's group and it was them which first used violence. One of Johnny's friends swung at them with a plank. Johnny swung at McVeigh.
'Johnny's group then ran but Johnny tripped and fell to the ground. The defendants kicked him as he lay there, unable to defend himself, and he was rendered unconscious.' The judge said that, as part of the attack, McVeigh kicked Johnny to the head and stamped on his head, while Kearney kicked him in the face. He said Kearney played a 'secondary' role in this.
He told them: 'It isn't possible to say which of the blows inflicted by you caused the fatal brain damage.'
Mr Justice Richards also ruled out a racial motive for the attack, describing as 'unreliable' the evidence of one witness who claimed to have heard a racist remark made to Johnny.
He added that, as he was unsure who made a further racial comment at the end of the attack, neither defendant could be sentenced for any racist actions.
McVeigh has previous convictions from 2002 for possessing Ecstasy and having an air weapon in public, getting reparation orders for both.
Defending him, David Turner QC said: 'My client accepts he was responsible for causing the death of Johnny. But there was a lack of intent to cause him serious harm. These were impulsive actions. There was no racial element to the confrontation.'
Michael Scholes QC, for Kearney, said the incident was spontaneous and hadn't been pre-planned.