A man who headbutted a police officer and caused him memory loss could spend Christmas in jail if he doesn’t save enough money to compensate his victims, a sheriff has told him.
Thomas Stewart inflicted life-changing injuries on the police constable who was trying to apprehend him after he repeatedly punched a taxi driver.
The 27-year-old resisted arrest when he was traced on Mayfield Road, Inverness, where he headbutted the policeman and knocked his semi-conscious victim to the ground.
Inverness Sheriff Court heard that the police officer suffered six months of memory loss and recurring headaches, had been signed off work twice and is still restricted to light duties.
Stewart admitted carrying out both attacks on September 25 last year.
In July, while Stewart was awaiting sentence, the policeman urged the sheriff to make an example of his attacker to help deter assaults on other officers in the future.
“I do feel strongly that the court can help by sentencing to try and deter violence against officers.”
The dad-of-two has been living with post-concussion syndrome, which has left him with no memory of his day-to-day life for six months and the feeling of a “seriously bad hangover” every day.
He said: “I feel a lot of frustration, upset and despair knowing that this headbutt has affected and changed me.
“I feel sadness at the memory of what I was and what I was able to do, but also determination that it’s not going to hold me back.
Ongoing after-effects
Fiscal depute David Morton told the court that a taxi driver had stopped at the junction of Culduthel Road and Old Edinburgh Road because Stewart was standing in the middle of the road, shouting at the car in front.
The court heard that Stewart turned his attention to the cab when the other vehicle drove around him.
“He opened the door and repeatedly punched the driver on the face. He then grabbed his jacket and threw it on the ground. The driver had swelling to his right eye and a cut nose.
“He suffered from blurred vision and floaters in his eyes, and because it was unsafe for him to drive, he was off work for a month,” Mr Morton said.
Police were called and Stewart was found in nearby Mayfield Road.
“Stewart was told he was under arrest but he pulled back and headbutted the constable who was able to call for assistance before falling to the ground semi-conscious.”
Mr Morton added that Stewart was arrested after PAVA spray – an incapacitant similar to pepper spray – was deployed.
The injured constable had a CT scan which revealed a concussion, the after-effects of which are still ongoing.
“He returned to work in March this year but can’t recall his day-to-day life for six months after the assault,” Mr Morton explained.
Defence solicitor advocate Neil Wilson asked the sheriff not to jail his client, who is currently on two community payback orders.
He said: “He has 59 hours outstanding on his orders and his compliance has improved substantially over the past few months.
“He at last seems to have seen the light that he cannot keep behaving like this.
“He accepts he cannot continue binge drinking as he gets into a state where he does not know what he is doing. I am asking for an opportunity for him.”
‘One chance’
Deferring sentence until December 12 for good behaviour, a background report and for time to save, Sheriff Eilidh Macdonald told Stewart: “It was a vicious violent assault.
“I was almost sending you to prison today for a significant period to stop your cycle of offending.
“But I have been persuaded by Mr Wilson and I am prepared to give you one chance.
“You will do the outstanding hours and put money aside for compensation for the two people you assaulted – as much as you can if you don’t want to spend Christmas in jail.
“If there are any slip-ups, I will send you to prison for quite a long time,” Sheriff Macdonald added.
For all the latest court cases in Aberdeen as well as crime and breaking incidents, join our Facebook group.
