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.
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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.
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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."
6 Comments
by Moanamanna
Thursday, February 28 2013, 8:31PM
“Are you his brother or 5 year old relation. I know who I am kid and your trade says it all. I don't need to continue.”
by cgrb123
Thursday, February 28 2013, 6:05PM
“Oh who do yu both think yu are written about my brother like this? The only fool hear is yu pair ...none of yu nw my brother and how much of a great dad he is, how's about mind yur own f***king buisness and carry on wit yur perthetic lives, yu both going on asif yur something special ..well news flash my brothers better then any of yu so **** off wit yur nastyselves!!!!”
by cgrb123
Thursday, February 28 2013, 6:03PM
“Oh who do yu both think yu are written about my brother like this? The only fool hear is yu pair ...none of yu nw my brother and how much of a great dad he is, how's about mind yur own f***king buisness and carry on wit yur perthetic lives, yu both going on asif yur something special ..well news flash my brothers better then any of yu so **** off wit yur nastyselves!!!!”
by Moanamanna
Thursday, February 28 2013, 1:10AM
“Oh, and hope you're ok now Sean. You're a top copper and top bloke, just a shame this fool forgot his court appearance, thought it unfair that this excuse wasn't enough and acted like an ape because of the audacity of the Police in arresting him, and worse still injured someone doing their job in a way that didn't suit him (obviously like the inconvenient court appearance). Of course he was manhandled, it's what tends to happen when you fail to appear at court costing the tax payer more at court and the wasted Police hours finding, arresting (sometimes struggling with, days off with injuries...) and getting you in front of the next court. A Sgt out of action alone is expensive for the law abiding, tax paying public, so the fact that you were manhandled just provokes me to hope it was hard enough to at least try to think of a better reason for wasting my money than you "forgot". Sorry muppet, try harder, much, much harder, oh, and buy a diary.”
by Moanamanna
Thursday, February 28 2013, 12:56AM
“His court appearance "slipped his mind"? Ok, if this is true which it could be then that is no a no better reference for his ability as a parent than saying he purposely didn't attend. When you are so disinterested in your court appearances that you forget, likely because they are the norm and nothing unusual then you have to question whether this person is fit to be a role model to a child. Some children are born with a huge disadvantage and I hate to say it but its their parents. Parents who instil a dislike and disrespect for authority, do not encourage a good education, good attitude toward their community, working ethos etc should all be sanctioned as they are influencing their children in such a negative way as to be neglectful. Kids need their parents to be the best possible role model in order to stand the best chances of being stable, well adjusted and successful adults. It's not that hard to be a good role model. It starts with teaching them about personal responsibility by facing your own and not forgetting court.....moron. I pray for your poor innocent child. Come on dads, if you love your kids, put aside your issues and give them a chance. Passing on your negative opinions, work ethic and lack of self respect is tantamount to only thinking them worthy of a life of fewer opportunities and reduced life expectancy. Put your money where your mouths are and show your kids the right way for their sake. If you love them and preach it, then show it.”
by OddSock
Wednesday, February 27 2013, 4:16PM
“he doesn't deserve kids what a example to set in future years when the kid is old enough,why not sanction his child credit money if any future crime, there needs to be a justice system or we will keep reading about these no marks most days....”