Two men jailed following Birmingham arson attack death

Stephen Dale and Tyler Phythian poured petrol on the entrance of Daniel Gardner’s flat before fleeing the scene

Stephen Dale (left) and Tyler Phythian (right)
Author: Lia DesaiPublished 7th Jul 2026

Two men have been jailed following the death of Daniel Gardner, who was killed in an arson attack at his house in Birmingham.

Stephen Dale and Tyler Phythian poured petrol on the entrance of Mr Gardner’s flat on Saxons Way, Highters Heath, before lighting it and fleeing the scene.

Mr Gardner, aged 36, could not escape, and died from his injuries.

Birmingham Crown Court heard how Dale had been in a relationship with Mr Gardner’s ex-partner at the time of the fatal fire.

Mr Gardner and his ex-partner were still in touch as she was the mother of his two children.

Our investigation established that Dale, aged 47, came to see Gardner as a ‘significant problem’ and felt he had to act.

Dale persuaded his friend and neighbour Phythian to travel with him by taxi to a petrol station on Shirley High Street, just after midnight on 19th September.

They filled up a petrol cannister before taking a taxi back to the Highters Heath area and walking to Mr Gardner’s flat.

CCTV captured a large flash and then the pair running away, with Phythian, aged 18, holding the petrol can and one of Dale’s feet on fire.

A neighbour’s front door also caught fire in the attack.

Before he was arrested, Phythian told an associate: “We didn’t go to kill. We went to set his car on fire. My man changed his mind in the last second.”

Earlier this year, both men, of Cherrywood Road, Birmingham, were convicted of arson with intent, while Dale was found guilty of manslaughter.

Dale was jailed for 24 years, while Phythian was jailed for four years.

Det Insp Ade George, who led the investigation, said: "This was a cowardly attack on a man in his own home in the middle of night, which has left two children without a father.

"Dale and Phythian knew that Mr Gardner would have been in, as his car was parked outside.

"Both had been involved in buying the petrol, and they stayed together throughout. They ran away together, pausing only to try to burn the petrol can they had purchased. Quite simply, they were in it together.

“Thanks to a huge amount of CCTV recovery and examination, and the support of witnesses, we’ve now been able to secure these convictions.

"We have supported Daniel’s family throughout, and our thoughts are firmly with them today."

Daniel Gardner

Speaking after his death, Daniel’s family said: “Words cannot describe the unbearable pain and devastation we all feel.

“You gave everything and never expected anything in return.

“Gives me comfort that you are with Nan & Grandad now who will once again look after you for me.

“My heart will always be broken but I hope I can find the strength to carry on without you.

“All my love is with you Dan. Miss you every minute of the day. Mum & Nick Ryan & Liv Elliot & Charlie Lynn & Phi.”

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