Devastated mum shares photo of teen lying in hospital hours before death (2025)

A heart-wrenching photograph has emerged showing a teenager moments before he tragically lost his life, after being fatally punched. Another image shows 18 year old Ben Smith in Halloween fancy dress, covered in fake blood and enjoying a night out with friends in Bath.

Ben, who had his whole life ahead of him, was from Melksham, Wiltshire. His untimely death has left his family, friends and the entire community devastated.

The family's pain has been further exacerbated by what they perceive as a failure on the part of the police and the CPS to bring any case against the person they believe is responsible for Ben's death. They feel that Ben has been unjustly blamed for his own demise.

The family has now broken their silence, calling for a change in the law to ensure all cases where 'self defence' is initially claimed should be decided by a jury and go to court, reports Bristol Live.

Rachel Smith, Ben's mother, expressed her anguish: "The boy who threw the punch has killed somebody and we have seen the footage. It is horrific. Whether Ben is deemed to be at fault and he gets cleared of all charges it should still go before a jury.

"There is a dead body of an 18-year-old boy who no-one has a bad word to say about. It is not over - to my last breath I will do all I can to try and clear his name. At the moment he is being blamed for his own death - but he is not here to defend himself. He never punched himself and he fell backwards. We've got no closure -and just keep going over the same old things. He is not remorseful - there is nothing."

After initially being told Ben was the aggressor, family and friends say their views changed on being shown new CCTV footage that they claim paints a very different picture from the 'official narrative. '.

However, they argue that due to the lack of immediate witness statements gathered by the police at the scene or early arrest of the suspect, the evidence has not been sufficient to initiate any formal proceedings - with three CPS reviews now ruling against them. They are now appealing to the police for a 'lip reading' specialist to determine what was said.

Furthermore, they assert that video footage indicates that Ben was only 'defending' his female friends and did not raise his hands at all during the incident outside McDonalds in Bath in the early hours of Monday, November 1, 2021.

The incident began when a male, unknown to the group, entered McDonalds in his dressing gown and was seen on CCTV allegedly 'pushing' one of Ben's female friends.

Rachel remarked: "We were all cross thinking 'what the hell Ben have you done? Why are you reacting? Everyone that knew him said they didn't understand why he would react as it was so out of character. That was until we all went down to watch the footage.

"Ben falls like a tree. I said he was unconscious already on the way down. It also shows another punch thrown at him on the way down. How can it be self-defence to punch someone falling away from you.

"We came out with the full knowledge Ben hasn't done anything. He gets very angry when he is asked to leave but does not raise a hand to him at any time. It was horrific to watch. If my son was the aggressor and had been scrambling across people to get to the suspect then fair enough. I don't want someone to be punished.

"It can happen - something can go horribly wrong. But that is not what happened. Ben had been defending a girl and may have been verbally very angry. But the suspect turned it into a physical altercation."

Wanting to highlight the severe consequences of violence during nights out, Rachel expressed her decision to share the heart-wrenching image of her son on life support.

She continued: "The picture of him with the fake blood was the last taken of him on the night out - he went from that to the one in hospital in just minutes."

Recalling the chilling moment, Rachel spoke of when she received a knock on her door and found herself rushing to Southmead Hospital, where her son was kept on life support for two days.

Rachel stated: "The consultant came in to me and said your son has the worst head injuries anyone could possibly have. "He said he was not coming out of this. How can you have the 'worst' possible head injuries just by falling.

"We are adamant he was punched on the way down - which pushed his head harder into the ground. In our view that is not self defence."

The family expressed their frustration, stating they have since 'hit brick walls' everywhere they looked but were demanding the case be re-opened.

Rachel continued: "We feel it was a botched police investigation from the start. They didn't get statements at the scene and as I was switching off my son's life support machine, the suspect was left in halls for his 'own welfare.'".

"They should have picked him up straight away. They were showing more concern for the suspect than us as a family having to turn my son's machine off. No toxicology tests were carried out on him but were ordered for my son. We've just been treated appallingly.

"The onus has been on our family. We are the family that has lost, yet everything we try and do comes up against a brick wall. No-one seems to help."

Ben's father Arthur Smith, 62, revealed he couldn't even say goodbye to his son in hospital as he had Covid at the time. He is now advocating for a law change in his son's name to prevent other families from experiencing similar heartbreak.

He stated: "The law should be changed. If you claim self defence it is down to the victim to prove it. In Scotland if you claim it you have got to prove it. We just don't want this happening to anyone else. What we have gone through is absolutely horrendous.

"I want to approach the MP about how we can get the law changed - I'd like it called Ben's law. He is the victim here and he has not got any justice at all."

Arthur reminisced about Ben, a skilled footballer who had played for Melksham Town and Bristol Rovers, as being in the best spirits of his life and having embarked on a carpentry apprenticeship.

He continued: "They tried to say Ben behaved aggressively. But we have all watched the videos and cannot see any physical aggression. Something was said in McDonalds that made him react the way he did. He is angry but you don't see his hands come up at any point. I can not understand why it has not gone to court."

The family disclosed that they only encountered the individual involved at Ben's inquest, where the coroner issued a 'narrative verdict' and concluded that he died from a 'head injury. '.

Rachel expressed: "He showed no remorse and has never said sorry or he was frightened. I am disgusted. I am proud of my son but I can not think for one minute they are proud of their son for killing somebody. It cost him his life but we are proud of him for standing up for a woman who has been pushed.

"They have closed ranks and everyone seems to be on the side of the suspects. We have had three CPS reviews, a police complaint and now had to get the MP onboard. We have asked for a lip reader and offered to pay. If Ben is truly at fault why not let us at least have the lip reader?".

Rachel, who now carries a tattoo of her son's heartbeat, expressed: "We are completely broken and there needs to be a real answer - but I don't know how we are going to get it."

Since his tragic passing, a series of fundraisers has collected nearly £30k in his memory for charity. Rachel further stated: "The town is fully behind him and is not going to let Ben be forgotten. He was loving kind, caring and well loved. No-one had a bad word to say about him. It is not just us - this has affected the whole community."

Avon and Somerset Police confirmed that its Major Crime Investigation Team (MCIT) conducted a "full and thorough investigation" and apprehended the suspect at 4.30pm on the Monday. Initially, the arrest was on suspicion of assault causing grievous bodily harm, but two days later, the suspect was rearrested on suspicion of murder.

A spokesperson added: "Detectives sent a detailed file of evidence to the Crown Prosecution Service (CPS) for a charging decision to be made. The CPS concluded there was no realistic prospect of a conviction, so as a result no further action was taken."

Police said the CPS's decision was appealed by the family through the Victim's Right to Review Scheme and the original decision was upheld.

The spokesperson said a formal complaint from the family to the Professional Standards Department concluded that "out of 14 separate complaints, 13 resulted in a finding that the service provided was acceptable."

The spokesperson added: "In the report, we provided details and rationale around the decisions made and actions taken, including our initial policing response and the gathering of witness statements.

"It was explained that we were called at around 3.09am by the ambulance service to attend Corn Street in Bath. The call was graded as 'immediate' and officers were dispatched at 3.13am and arrived on the scene at 3.35am. Mr Smith had been taken to hospital and additional resources were deployed to gather evidence from him.

"In Bath city centre, officers put a cordon in place which was later extended. While it did not make up part of the family's complaint, the response details how witnesses were contacted and statements taken were read out as part of the inquest.

"The report also explained why the suspect was not re-arrested immediately following Mr Smith's death. When an individual is arrested, a custody time limit is activated which can only be extended twice, firstly under the Police and Criminal Evidence Act (PACE) and then by a court.

"On this occasion, the family liaison officer spoke with the family following Mr Smith's death. As there was no further risk to the wider public or a risk that evidence could be destroyed, and the suspect had already been arrested and questioned once in relation to this investigation, it was deemed appropriate to arrest the man on Wednesday 3 November."

The spokesperson said "toxicological evidence would not have affected the outcome of the investigation" and wouldn't be taken in cases "where self-defence is given as a defence."

The spokesperson added: "One of the family's complaints was upheld, which related to the family not being referred to Victim Support at an early opportunity. We're sorry for this oversight.

"Mr Smith's family were provided with an opportunity to request a Right of Review to the Independent Office for Police Conduct (IOPC) within 30 days of our response. This has been exercised and now sits with the IOPC. Our thoughts remain with Mr Smith's family following his tragic death."

The CPS said in a statement: "The death of Ben Smith was a tragedy and we offer our deepest condolences to his loved ones. We can only bring a prosecution when we are certain that there is enough evidence to provide a realistic prospect of securing a conviction. After a careful review of all the evidence available we concluded this was not the case.

"Our decision-making in this case was independently reviewed by lawyers in different CPS units, who each came to the same conclusion that the evidence did not support a prosecution.

"We have written to Ben's family to explain the evidence we reviewed and how we reached our decision, and our thoughts remain with them for the loss they have suffered."