A man who had been released early from prison has been sent back behind bars after he spat in the face of a paramedic who had resuscitated him only moments before.
David McEwan, 40, appeared in the dock at Aberdeen Sheriff Court where he admitted attacking the medic who had found him unresponsive under a stairwell with a half-empty bottle of vodka in his hand.
As McEwan was roused from unconsciousness, he immediately became aggressive, scrapping with the Scottish Ambulance Service worker before spitting in his face.
Upon being arrested, McEwan then informed police officers he had previously been treated for Hepatitis C but was “no longer infected”.
His solicitor, David Sutherland, described his client’s actions as “disgusting”.
McEwan, a repeat offender, was jailed in 2021 after he spat in the eye of a female police officer – forcing her to undergo regular blood tests for infectious diseases.
Scuffle ensued between McEwan and NHS worker
Fiscal depute Kirsty Martin told the court that at around 2.10pm on July 19 last year, emergency services were tasked to attend at the Holiday Inn Express on Aberdeen’s Chapel Street due to a report of an unconscious person.
A paramedic, who was working alone, arrived at the scene to find McEwan unresponsive and lying under a stairwell.
He attempted to wake McEwan by rubbing his chest. McEwan regained consciousness and immediately became aggressive.
McEwan then stood up and came face-to-face with the paramedic, who felt intimidated and informed him he would contact the police if he did not stop his behaviour.
In an effort to diffuse the situation, he moved away from McEwan.
However, due to the continuation of his escalating behaviour, the paramedic attempted to restrain McEwan by holding on to his wrists in an effort to stop him from assaulting him.
A scuffle ensued between the two men, forcing the paramedic to restrain McEwan on the ground.
McEwan then turned towards the paramedic and spat directly into his face, with the spittle landing in the middle of his face.
A member of the hotel staff then helped the paramedic restrain McEwan by holding his legs as he flailed on the ground.
When police officers arrived on the scene, they saw a large amount of saliva on the paramedic’s face.
They arrested McEwan and while at Kittybrewster Police Station he stated that he had “previously been treated for Hepatitis C but was no longer infected”.
The police were unable to verify this on their systems.
In the dock, McEwan pleaded guilty to one charge of assaulting a paramedic by pushing, seizing him by the neck, attempting to punch and kick him and spitting on him.
Defence solicitor David Sutherland told the court that his client had “no recollection” of the incident “but accepts it was violent behaviour on his part and apologises unreservedly”.
Describing alcohol as a “challenge” for McEwan, Mr Sutherland said his client had managed to abstain from drinking upon his release from prison but had “met up with friends and consumed alcohol with them”.
“It ended up with him becoming unconscious and he did behave in the manner described,” the solicitor said.
Mr Sutherland also produced a letter from NHS Tayside that confirmed McEwan had been tested for Hepatitis C but that no infection had been found.
“Mr McEwan accepts that this is a thoroughly disgusting incident,” he added.
Sheriff Graham Buchanan agreed with Mr Sutherland, describing McEwan’s actions as a “disgusting assault” on someone who was trying to help him.
“You have previous convictions for assaults involving spitting for which you received a custodial sentence,” the sheriff said.
Sheriff Buchanan returned McEwan, whose address was given as HMP Perth, to prison to serve three months of an unexpired portion of his previous sentence and added 11 months imprisonment for this offence.