A 53-year old Stroud man who claimed he had just swallowed a razor blade performed a 'donkey kick' on a police officer and shouted homophobic abuse at another while he was being arrested, a court heard on Tuesday.
Prosecutor Simon Goodman told Gloucester Crown Court that on April 18, 2019 police were called to the Old Nelson pub in Stratford Road, Stroud, to arrest Martin Burns on an unrelated matter.
“At the point of being arrested Burns had to be restrained because he had become aggressive and unco-operative towards the officers," Mr Goodman said.
“When he was taken into custody his behaviour got worse and he claimed he had swallowed a razor blade. Officers decided he should be taken to hospital, but Burns decided he did not want to go.
“The police then attempted to place Burns in a police van so as he could be transported to hospital.
The prosecutor said Burns swung his head towards one PC in a violent manner, but no contact was made, before giving another a "donkey kick" which connected with her thigh.
"At the same time, he shouted homophobic obscenities towards the officer."
The court was told that in his interview Burns claimed he suffered from fits and this was why his head had made the initial movement. He also claimed he did the donkey kick to free his leg from the position it had been in and he had not intentionally kicked out at the officer.
Burns was not summoned to court for the offences until a year later because of the pandemic, the prosecutor said.
He did not appear before magistrates until January this year when he denied assaulting the police officers and elected to be tried by a jury at the crown court.
Joe Maloney, defending, said: “Whilst Burns has been in custody he has dried out and is now a completely different person to the man he was two years ago. The change in his demeanour has been quite dramatic.
“Burns has a history of making foolish decisions, including electing to stand jury trial for these assaults. He could have quite easily been dealt with at magistrates court for the offences.
“Burns realises he has made a serious of inappropriate decisions and would like to apologise to the officers for his behaviour.”
Burns, a serving prisoner, but formerly of London Road, Gloucester and Nursery Close, Stroud, pleaded guilty to assaulting an emergency worker and battery of an emergency worker on April 18, 2019.
Judge Michael Cullum told Burns: “At the age of 53, numerically, your court appearances for convictions outstrip your age. You have 58 previous sets of convictions and have been sent to prison several times since you committed these offences two years ago.
“You only pleaded guilty to these offences last week at a pre-trial hearing.
“The police officers describe your behaviour as vile in your use of homophobic language. You have yet to show that you can be a decent member of society.
“People who assault police officers or emergency workers are going to get custodial sentences. These officers were trying to help you after you had claimed to have swallowed a razor blade and were preparing to take you to hospital in case your claim proved to be correct.
“You are someone who is habitually dishonest, difficult and unpleasant to deal with."
The judge jailed Burns for six months, which will be added to his current prison sentence.
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