Man in court for assaults on police

Jul 29 2011 by Stephen Robertson, Stirling Observer Friday

A MAN arrested after smashing house windows in Fallin went on to assault two cops, Stirling Sheriff Court heard this week.

James Stewart (22) first blew a gasket during an early morning incident in the village on June 26 this year.

The court heard that Stewart had gone to an address in Moss Road at around 5am.

Fiscal depute Lindsey Brooks said: “The accused attended at the locus and was banging on the door. The person [in the house] knew him, let him in and sat chatting to him for an hour.

“Another member of the household was awoken and she joined them.

“The accused’s behaviour was then not welcome by parties and he was asked to leave.”

Stewart refused, however, but he was eventually put out.

Mrs Brooks added: “The accused was shouting and kicking at the door and the witnesses were frightened and alarmed and contacted the police.”

Stewart then appeared to be leaving but instead returned and smashed a living room window.

That wasn’t the end of the incident, however, and Stewart then turned up at an address in Fallin’s Hilton Terrace saying that he used to live at the address.

Mrs Brooks continued: “He was then seen to pick up a brick and throw it at the hall window.

“One of the witnesses standing there just managed to move in time and glass was sprayed across the hall.”

Police apprehended Stewart at around 6.50am but he continued being abusive.

Having been arrested and taken to the police station in Stirling, Stewart went on to kick one officer on the leg and punched him in the face.

As he was being restrained, Stewart then spat at another officer.

Stewart, of Westwood Crescent, Stirling, pleaded guilty to the two police assaults, smashing both windows and to two charges of behaving in a threatening or abusive manner.

Solicitor Ken Dalling said that Stewart had effectively “put himself in a hole and began to dig”.

Mr Dalling added: “Mr Stewart remembers little about this incident. He had been drinking on top of his medication. He was appalled to learn of his behaviour.”

The court heard that Stewart was already made subject of a community payback order shortly before these most recent offences.

Sentencing, Sheriff Wyllie Robertson said that Stewart’s behaviour had been “sustained” and that he viewed the offences at the police station as being most serious.

Sheriff Robertson added: “I have said many times that the court won’t tolerate behaviour of this sort, particularly involving police officers.”

Stewart was jailed for five months for the second assault, four months for the first assault and four months for the four charges relating to his earlier behaviour in Fallin.

Sentences were concurrent, meaning a total jail term of five months.