A masked man and two accomplices burst into an Inverness flat during a crowbar attack on the resident who was also throttled.
The incident happened in a property on Mackintosh Road on the night of March 22 2023, Inverness Sheriff Court heard.
The victim Stephen Dick, who was the flat’s tenant, had mistakenly called the mum of 22-year-old Corey MacLeod.
Fiscal depute Naomi Duffy-Welsh said that Mr Dick’s friend then received a phone call from an angry MacLeod.
Mr Dick could also hear Rhunne MacGregor, 26, in the background and, as they both “sounded out of it, he terminated the call”.
But later that evening, the friend and a woman, who was also in the flat, heard people outside shouting in the communal corridor: “You better let us f****** in.”
MacLeod and MacGregor were also joined by 29-year-old Thomas Marello.
‘There were two loud bangs at the front door and it burst open’
“[The friend] looked out of the peephole in the door and observed Marello pointing at the door wearing a green balaclava and a blue hooded top with the hood over his head wearing disposable gloves.
“There were two loud bangs at the front door and it burst open,” Ms Duffy-Welsh added.
The prosecutor said the three men entered and shouted at Stephen Dick to wake him up as he was asleep on the couch.
“MacGregor punched Stephen Dick in the face several times and Marello struck Stephen Dick on the thigh with a crowbar.
“MacLeod then jumped on top of Stephen Dick and repeatedly punched him on the face and then struck him with his knee in the face.
Victim ‘was crying and shouting that he couldn’t breathe’
Ms Duffy-Welsh continued: “Stephen Dick was crying and shouting that he couldn’t breathe.
“MacLeod shouted, ‘You can’t breathe, can you?’ and then placed his arm around Stephen Dick’s neck so that his throat was in the crook of his arm.
“He tightened his grip, squeezing Stephen Dick’s neck – preventing him from being able to breathe.
“Stephen Dick was choking and MacLeod shouted at him, ‘I am going to f******* kill you.’
“MacGregor then grabbed MacLeod and pulled him off and pinned him to the floor, preventing a further attack.”
“The trio then fled the flat, but before they did, MacLeod noticed [the friend] had cash in his hand and he wrestled it out. The quantity was £30,” the prosecutor told the court.
Crowbar and mallet recovered by police after victim suffered broken nose and cuts
She added that police were called and later arrested the three men on Harbour Road.
Officers found a crowbar and a mallet in Marello’s backpack.
Stephen Dick required hospital treatment for a broken nose and various cuts.
MacLeod was originally charged with the attempted murder of Stephen Dick and he told officers: “I hope he dies, wherever he is.”
All three men pled guilty to a charge of hamesucken – the offence of breaking into a home and assaulting the occupant – and assaulting Stephen Dick to his severe injury.
Marello admitted possessing two offensive weapons and Macleod also pled guilty to a further charge of robbery.
‘You had just been released by police a matter of days before this…you told police you hoped he would die’
All three men had their sentencings deferred until May 28 to allow for background reports on them to be produced for the sheriff.
First-time offender MacGregor, of Old Evanton Road in Dingwall, was allowed bail because he had intervened to stop his co-accused MacLeod from choking Stephen Dick.
However, Macleod, of Galloway Drive, and Marello, of Fir Place – both in Inverness – were remanded in custody because of their previous convictions.
Sheriff Harvie told MacLeod: “You had just been released by police a matter of days before this and you told police after this that you hoped he would die.
“You seemed to take pleasure that Stephen Dick cried, that he couldn’t breathe, and you tightened your grip.”
The Sheriff told Marello: “You were the one that struck the victim with a crowbar. You were also 10 months into a one-year community payback order imposed in connection with an offence, which also involved an axe, and here you are with a crowbar and a mallet.”
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