Portadown man, who kicked PSNI officer in the genitals as he helped his 'frightened' mother, is to appeal jail sentence
A 27-year-old man, who kicked a police officer in the genitals while he was dealing with the defendant’s ‘frightened’ mother, is to appeal an eight months jail term.
Kyle Elliott, aged 27, from Clendinning Way, Portadown, appeared in custody at Craigavon Magistrates Court on Friday charged with breaching a Restraining Order, criminal damage, three counts of assaulting police and a charge of resisting police.
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Barrister, Mr Aaron Thompson, said his client pleaded guilty to all charges apart from resisting police. A Prosecutor said the resisting police charge is withdrawn.
The court heard that on October 23 police received a report from an injured party who said she returned home from work and her son, the defendant, became aggressive.
A Prosecutor said: “The injured party states that as she cleaned the defendant’s bedroom she emptied an ashtray causing the defendant to become aggressive. He began to blame his mother for his mental health issues.
"The injured party further stated that she became extremely afraid when he walked towards her and pushed his head in the direction of her head,” said the Prosecutor, adding the injured party was “very frightened” of the defendant and there was an active Restraining Order in place.
On arrest he tried to run away from officers and was restrained. He then kicked and punched out at officers. He also tried to bite an officer on his right arm.
"During the course of the assault he wrapped his leg around the officer’s neck and made attempts to choke him. The officer freed himself but obtained a cut and graze to his wedding ring finger,” said the Prosecutor, adding that another officer’s glasses were damaged and a third officer was kicked to the genitals.
Mr Thompson said his client had been granted bail and was incapable of perfecting it. The barrister said Elliott had three days on bail in a hostel however the hostel withdrew the bed. He estimated his client already served closed to a five months’ jail term.
He said Elliott’s mother continues to support him. He added his client struggles with his mental health and, because of his mental health background, the hostel "couldn’t deal with his particular needs”.
District Judge Michael Ranaghan said: “This is your mother. She is clearly a patient and very tolerant woman Mr Elliott. You are very lucky she is that. A lot of people would have got rid of you, for want of a better phrase, a long time ago. I don’t know why your mother puts up with it, but she does.”
He sentenced Elliott to five months in prison for breaching the Restraining Order. For criminal damage Elliott received four months in prison, to run concurrently with the previous sentence.
"The assaults on police are aggravated by a number of features. There is a kick to the groin of one officer. There’s an attempt to choke another officer. There are also attempts to bite, twice.
"For this the court has to send out an deterrent message in making the sentence around assaulting police consecutive,” said the District Judge sentencing Elliott to three months each for the assaults on police.
In total Elliott must serve eight months plus pay the £25 Offender Levy. Later he was granted leave to appeal the sentence but was not released pending appeal.