Police helped the defendant get on his feet before he assaulted them
A 19-year-old Ballinamallard butcher found lying on the ground by police, with his trousers around his ankles eating a burger, lashed out when they tried to help him in an ‘outrageous attack’.
Jamie Kirkpatrick, of Drummurry Court was convicted of assault on police, resisting police, disorderly behaviour and attempted criminal damage at Enniskillen Magistrates Court.
The prosecutor explained that on October 13, 2013 police were on patrol in Enniskillen town centre at 12.40am and came across the defendant lying on the ground on Townhall Street with his trousers around his ankles trying to eat a burger while rolling around.
Police helped Kirkpatrick to his feet, but the defendant then became aggressive and swore at police and was warned. He replied by saying: “Go f*** yourselves” and was warned again before becoming aggressive again. Police then arrested him. Kirkpatrick then began to struggle saying: “You’re not f****** arresting me”. He continued to struggle and punched one of the officers in his right eye. He still continued to struggle and then spat at the officers.
When he was finally restrained Kirkpatrick refused to stand and had to be carried to the police vehicle. When placed in the police vehicle Kirkpatrick continued to spit and kick as he lay across the back seat.
When he was formally arrested and cautioned at the station Kirkpatrick made no reply. He remained aggressive and refused to walk by himself forcing officers to carry him into the police cell. During this time he continued to spit, with some landing on the officer’s trousers and made an unsuccessful attempt to bite the officer.
Bernard Corrigan, defending, explained that the defendant was extremely intoxicated when first discovered by police and had little or no recollection of these incidents. He asked for credit for his early pleas and noted that during consultation with Kirkpatrick that he was thoroughly ashamed of his actions. Mr Corrigan, referring to the pre sentence report also noted the remorse on behalf of Kirkpatrick.
He told the court Kirkpatrick was very candid with the problems he had with alcohol and substance abuse and accepted his behaviour was ‘outrageous’.
District judge Nigel Broderick agreed that the actions were ‘outrageous’, but said that the defendant seemed to realise this when he was arrested and subsequently apologised to the officer.
“All they were trying to do was keep the peace,” commented the district judge in regards to police involvement. The judge decided to spare Kirkpatrick a custodial sentence and imposed a probation order for a period of 12 months provided he engage with the alcohol/drugs counselling programme.
He also ordered the defendant to pay £250 compensation to the police officer.
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