Spitter could be sent to prison
5:30am Thursday 7th August 2014 in By Beren Cross, @BerenCross
KRIS Davidson faces the possibility of prison after spitting into the face of a police officer in Freshbrook last month.
The 23-year-old, of Tintagel Close in Toothill, pleaded guilty at Swindon Magistrates Court yesterday to assaulting a police constable in the execution of their duty.
He was sentenced by magistrates to a community order of 12 months, 250 hours of unpaid work, £100 in compensation to the female officer and £85 in prosecution costs.
However, Davidson has a previous ABH conviction to his name, with a suspended eight-month prison sentence hanging over him.
A crown court judge will decide if Davidson must go to prison at a later hearing.
The incident involving PC Jessica Sowbury took place shortly after 7.45pm on July 16, when officers attempted to arrest Davidson in connection with a domestic incident.
Police traced Davidson to Freshbrook village centre, where, PC Sowbury said, he resisted arrest and spat at her fringe in the struggle to control him.
In her statement read to the court by Pauline Lambert, prosecuting, the officer said: “Mr Davidson was refusing to comply and ignored any orders from the other officer I was with.
“I could hear the sound of Mr Davidson hacking phlegm from his throat and spitting it out. I felt the phlegm hit my fringe.
“It made me feel physically sick.”
Defending Davidson, Emma Thacker said the guilty plea to the charge was on the basis it was a reckless act, but there were differences in how the incident played out from the defendant’s perspective.
She said Davidson was not told why he was being arrested, despite repeated questions, and that his handcuff was too tight on his hand, which officers neglected to loosen for him.
“He was taken to the ground and whilst he’s on the ground, he has one putting pressure on his top half, with the female officer lying down across his legs,” said Ms Thacker.
“There is video evidence of what happens on the ground. It is a video which has been published by several newspapers.
“Mr Davidson was struggling to breathe with the pressure on himself.
“He suffers from anxiety and panic attacks.
“He began feeling sick and uncomfortable, and in fear of a panic attack starting he needed to clear his throat.
“That’s when he has unfortunately made the decision and tried to spit between the officers, but some of it has hit the officers.
“As soon as he is aware that any of his spittle has hit the PC, he says ‘I didn’t mean for that, I didn’t mean for that’.”