Smallthorne dad used handcuffs to hurt police officer
NEW dad Daniel Baines assaulted a police sergeant who tried to arrest him by using the officer's handcuffs as a weapon.
The 24-year-old became agitated when police attended an address in Lakeside Close, Etruria.
Two sergeants arrived to find the defendant holding a newborn baby. His partner and other children were also in the house.
But Baines became annoyed when Sergeant Sean Clarke received information the defendant was wanted for failing to appear at court.
Call WHITEGATES Today 01782 209935 ..Limited offer. Available only up on production of voucher. Sell your home for £399 plus vat.* #EPC is required to market your home not included in offer.
Terms: *Upfront payment, non-refundable in the event of property remaining unsold, being withdrawn from the market or being sold by another agent, yourself or by any other means.#EPC £62.50 plus vat.
Contact: 01782 209 935
Valid until: Thursday, July 04 2013
Prosecutor Fiona Cortese yesterday told Stoke-on-Trent Crown Court the officer asked Baines's partner to take the baby.
"The defendant was agitated and shouted towards the officers," said Miss Cortese.
"He initially went upstairs but came down and walked towards the kitchen. He was still agitated. The officers were concerned what he might do.
"Sgt Clarke took hold of his right arm and asked him what he wanted. The defendant swung away, breaking free from his grip.
"The other officer applied one handcuff.
"As the second handcuff was applied the defendant tried to move back, he lost balance and fell to the ground. He landed on the officer's arm."
The court heard Baines then used the handcuffs to injure Sgt Clarke's wrist.
The other officer produced a taser and Baines became calmed down.
Sergeant Clarke was left with a swollen left wrist and a two inch cut to the back of it. He went to hospital but an X-ray showed no fracture.
In his police interview Baines said his baby was ill and his court appearance had slipped his mind.
He claimed he was manhandled by the officers.
But the defendant, of Sparrow Street, Smallthorne, pleaded guilty to assault occasioning actual bodily harm on July 26 last year.
His plea was entered on the basis he was agitated in the way he was being dealt with while the officers handcuffed him. He said he tried to move back but lost balance and fell to the ground, landing on the officer's arm. He accepted his actions resulted in injury to the officer.
Saleema Mahmood, mitigating, said a lack of sleep and concern for his daughter contributed to the way Baines behaved.
Judge Paul Glenn said the case would probably merit a short custodial sentence but Baines has been subject to a lengthy curfew. Instead he sentenced Baines to an 18-month community order with supervision and a requirement to attend up to 18 sessions at the Resolve programme. He must also pay Sgt Clarke £350 compensation.
Judge Glenn said: "This was an unpleasant incident. You were abusive and obstructive.
"This offence was aggravated because children were present, the victim was an officer who was trying to do his duty and you used his own handcuffs against him as a weapon."