The family of a man who was jailed after confronting a bike thief with a BB gun have spoken of their devastation.
Alan Mitchell was locked up for 13 months – while the thief Joseph Gannon was given a four-month term.
The custodial sentence shocked Alan’s friends and family, who called it “madness”, and a petition of support has so far attracted almost 600 signatures.
The incident on August 1 last year was sparked after Gannon stole Alan’s bike.
His distraught family said the 45-year-old “saw red” and acted out of fear that Gannon, who was outside their home, had Covid and would pass it to his sick mum Patricia.
‘Alan saw red’
Having been told the thief had just walked past the Spar shop on Holburn Street Alan confronted the thief in a bid to find out where his bike was.
His sister Caroline Duncan said Gannon followed Alan back to his home and began shouting and swearing as Alan continued to ask for his bike back.
Caroline said: “Alan saw red and the first thing he thought of was his BB gun to get the menace away from the house.”
Alan appeared with the BB gun – which had been in a drawer for years – and told Gannon to leave.
She also described her brother’s actions as “simply an extreme reaction out of sheer anxiety to protect his family who he has been caring for throughout the pandemic”.
‘I just want my son home’
Alan, who suffers from depression, lived with his parents and carried out a lot of day-to-day tasks to help them.
His father Brian has arthritis while mum Patricia has chronic obstructive pulmonary disease (COPD) and bronchiectasis and needs to use oxygen.
Brian and Patricia, both 71, have been left shocked and saddened by the outcome of their son’s case.
Patricia said “I just want my son out of prison”
The former nurse added that they hadn’t expected a jail term: “Every solicitor he spoke to said it would be thrown out of court. We said ‘we’ll see you at lunchtime’.”
She added tearfully: “He does everything for me.”
The sentence is ‘diabolical’
Brian said: “I’m not saying Alan should get away with it – community service, a fine, at the worst he should be tagged. But it was 18 months in prison reduced to 13 – that’s diabolical.”
No appeal has been lodged against Alan’s sentence over fears the outcome could be more severe.
Brian said: “I got told if you appeal it could be raised and that would be worse.”
Patricia added: “I want to appeal it, but Alan doesn’t”
‘He’ll say he’s alright…he won’t be’
Alan who is “music daft” has been in several Aberdeen bands including Element, Funtree, and Best Dad.
Alan suffered a brain injury after being knocked down several years ago. Although he was a support worker, and still managed to do this after being injured, due to his mental health he has been unable to work for around 10 years.
He Brian said: “The emotional part of his brain was damaged. That changed him. He doesn’t like going out. He’s always in his bedroom doing his music.
“He’ll miss that in prison – it’s like a studio up in his room.”
The family have spoken to Alan since he was jailed by Sheriff Graham Buchanan and they have told him about the public’s outpouring of support.
Brian said: “He’s been phoning. He’ll say to us he’s doing alright, but he won’t be.
“I told Alan there was a petition – he liked that.”
‘He was treated harshly’
Brian branded Sheriff Buchanan “a hardliner”.
He said: “I think he was harshly treated by the judge – a hardliner – which I thought was ridiculous.
His sister Caroline added: “He’s just had one unlucky thing after another. Alan wouldn’t harm a fly – it’s so bizarre all this has happened.”
A Judicial Office for Scotland spokesperson said: “When deciding a sentence, a sheriff will always carefully consider the facts that are presented to the court both by the defence and by the prosecution, and will always take into account the unique factors of each case.
“A sheriff will carefully consider the circumstances of the particular offence and the circumstances of the offender. Sheriffs must also have regard to the Scottish Sentencing Council guidelines on sentencing. An offender can seek to appeal against the sentence.”