SNS GroupA man who was part of a murder bid was caught after dropping his e-cigarette at the scene.
Declan Smith was in a five-strong mob who targeted the victim at his father’s home on April 25 last year.
The victim was attacked with a hammer as his dad lay on top of his son to try and stop the beating.
The attackers eventually fled the property in Bathgate, West Lothian.
But, prosecutor Kath Harper KC told the High Court in Glasgow: “A gold vape was found on the ground near the back door.
“The DNA of Smith was later found on the mouthpiece.”
Smith was jailed for seven and a half years after he pleaded guilty to attempted murder and aggravated assault.
The court heard how the victim had been in a “disagreement” with Smith and another man at a garage in West Lothian in March 2024.
Smith then went on to tell Stephen Sangster, who was in HMP Addiewell at the time.
The 34-year-old was jailed for attempted murder in 2016, freed early, but back inside for another violent offence.
Shortly after this, the victim began to receive a total of 26 voice notes from Sangster, who was using an illegal phone.
Many were described as “threatening and abusive”.
The victim was at his dad’s home on the night of the attack when he became aware of five men trying to get in via the back door at around 10pm.
The man tried to help his son keep them out, but they smashed their way in, hitting him on the head with a hammer as they battered inside.
One of the other assailants was 31-year-old Dylan Stewart.
The father and son backed off to the living room, but Stewart – clutching a claw hammer – confronted the pair.
Miss Harper: “He lunged at [the victim] and struck him on the head causing him to fall.
“[The victim’s dad’s] partner (also in the property) described the noise of the hammer hitting his head as ‘horrific’.
“[The victim’s dad] got on top of his son to protect him.
“Stewart then struck the father on the head and body with the hammer.
“During the attack, the names ‘Dylan’ and ‘Declan’ were heard.”
Stewart was grabbed by the other assailants, and they all fled.
The victim also initially left the house, but eventually got medical help for his head wound.
He had suffered a depressed skull fracture.
His dad had injuries to his head and arms and has been left scarred for life.
Stewart – who admitted to the same crimes as Smith – was sentenced to 11 years by Judge Lord Colbeck.
He had two previous high court convictions for violence.
Sangster was sentenced to 27 months after he pleaded guilty to threatening and abusive behaviour, as well as having a prohibited phone in prison.
After being freed in 2021, he was jailed again for ten years in October 2024 for another attempted murder.
The court was told his earliest release date was November 2038, but his latest jail term will extend that.
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