A cyclist was able to identify a driver who jumped out of a car and headbutted him because the attacker had ‘a number of distinctive tattoos’.
Ashley Rogers, aged 29, was found guilty of attacking the cyclist outside his home in Bisley Old Road, Stroud on October 1 despite claiming that he was elsewhere at the time.
Speaking for the prosecution, Edward Counsell told Cheltenham Magistrates’ Court that the victim was cycling along Bisley Old Road at about 6pm when a small dark hatchback overtook him and pulled into a driveway, forcing him to stop suddenly.
The victim shouted “Oi!” at which Rogers got out of the driver’s seat and started shouting and swearing.
Rogers pushed the cyclist into a hedge and then headbutted him before returning to the car, driving slightly forwards and parking in the drive.
The headbutt connected with the victim’s right cheek and eye socket and caused a chip on one of his teeth, which required dental work.
Describing his attacker, the victim said he had a “number of distinctive tattoos upon arm and neck.”
Mr Counsell pointed out that Rogers also has tattoos on his arm and neck. During an identification procedure, the victim chose a photo of Rogers as the man who had attacked him.
Under cross examination at the trial, Dave Brown, for the defence, noted that the victim asked to view some of the nine photos he was presented with multiple times before choosing Rogers’ image.
“Is it not the case you were not really sure and plumped for one as your best guess?” he asked.
“No, I don’t agree with that at all,” the victim replied. “I was sure. I wouldn’t have made the choice if I wasn’t sure.”
Rogers claimed he was with a friend in Birdlip at the time of the assault, but failed to supply the friend’s surname when interviewed by the police. Mr Counsell told Rogers: “You are just lying. You were there.”
He also said that Rogers’ father owned a Vauxhall Mokka, the same car driven by the attacker.
Magistrates declared the victim a “credible witness” and said they were convinced “beyond doubt” that Rogers was the attacker.
He was found guilty of assault and driving without insurance and will be sentenced on May 2.
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