Suspended sentence for ?senseless attack? on off-duty Policeman
Warwick man Chris Anderson who attacked an off-duty Police officer with a hammer after a late night dispute at the Ice Queen in Paget has been given an 18-month suspended prison sentence and put on probation for three years.
The 29-year-old self-employed electrician admitted wounding Maxwell Sean Maybury on May 10, 2004 and resisting arrest later the same night as he tried to escape from Police officers by riding a motorcycle along the Railway Trail in Paget.
Anderson, of Privateer Lane, Warwick, was warned by Supreme Court Judge Charles-Etta Simmons that he must stay out of trouble for the next three years otherwise he will be brought back to court and face 18 months in jail for his behaviour that night in 2004.
Crown counsel Shakira Dill told the court Anderson and off-duty officer Mr. Maybury had both been at the counter of the Ice Queen fast-food takeaway when Anderson had started a row by allegedly shoving Mr. Maybury and telling him: ?I?m paying for my food you f***ing cop.?
The stand-off continued at the condiments counter and Anderson reportedly said he would come back and ?shoot the cop?, according to Ms Dill. She said Mr. Maybury had, until that point, remained restrained in the face of the provocation but then told Anderson he needed to stop his insults.
The court was told the two men then went outside and Mr. Maybury struggled with Anderson who fell to the ground. Mr. Maybury then told him: ?That?s it, it?s over?.
But soon afterwards Mr. Maybury was in the parking lot when he heard Anderson screaming and charging at him with a metal object he thought was a gun, but turned out to be a hammer. The off-duty Police officer was struck with the hammer and received two wounds measuring three inches and one inch in length.
Ms Dill then told the court that Police had been sent to Anderson?s home address and spotted him riding off on a motorcycle, heading down the Railway Trail. Officers pursued Anderson and at one stage, having crashed through some bushes, the defendant used his motorcycle as a shield to prevent the officers arresting him.
After he was finally arrested Anderson was taken to Hamilton Police station and claimed the incident had been sparked because Mr. Maybury had stared at him in the Ice Queen and had pushed him at the counter, said Ms Dill.
Anderson claimed he then retrieved a chicken hammer from his car and had walked up to Mr. Maybury and hit him with it.
Representing the Warwick man in court, Elizabeth Christopher said Anderson had been socialising that evening and had not been aware Mr. Maybury was an off-duty Police officer.
Explaining this Ms Christopher said there was a dispute about the words exchanged between the men at the Ice Queen, and she said her client had attacked with the hammer after being manhandled to the ground because he had been warned in 2000 after suffering a serious head injury that he should avoid causing trauma to his head.
She said: ?My client was not aware he (Mr. Maybury) was a Policeman, but he knows that does not excuse his extremely boorish behaviour that night.?
Ms. Christopher said Anderson maintained he had not shoved Mr. Maybury and that Mr. Maybury had tried to carry out an arrest outside the Ice Queen when Anderson had fallen to the ground. She added: ?My client says his behaviour was wrong. When he went to the Ice Queen he had been drinking and was intoxicated and said things that could be provocative. He does not say he shoved him (Mr. Maybury) deliberately, but then he lost his cool.?
Sentencing Anderson, Ms Justice Simmons said he was lucky the other man had been an off-duty Police officer who had shown initial restraint in face of the provocation.
She added: ?This was an unwarranted and senseless attack and was in circumstances that caused fear and terror amongst people in the community.?
Taking into account the two months of custody Anderson had initially served, and his guilty pleas she made a probation order that included a provision for him to abstain from drugs and alcohol, enrol on an anger management and alcohol abuse programme and observe a 9.30 p.m. to 6.30 a.m. curfew for the next six months.