Birthday party goes bad

BELATED birthday celebrations turned sour quickly for one man when he was charged on the night with a raft of charges including two counts of assaulting police.

Joshua Neil Theo Migala narrowly escaped jail time in the Gladstone Magistrates Court yesterday after he pleaded guilty to one count of serious assault, counts of assault and obstructing police, public nuisance and possessing a dangerous drug.

Magistrate Damian Carroll laid out the facts which had been presented in court on September 16.

Two officers were called to a residence on July 24 where Migala and his partner were seriously affected by alcohol and drugs.

As events unfolded, police placed Migala’s girlfriend in the police car after she was arrested, causing Migala to become extremely agitated and aggressive.

Migala, who represented himself in court after duty lawyer Brad Krebs stood aside, told the court he had not meant to strike police, and he was just trying to get to his girlfriend in the car.

Officers told him to calm down, step away and sit in the gutter, and the defendant pushed the female officer away.

An irate Migala then ran full pelt at a male officer, colliding with him and sending him back onto the bonnet of the police car.

The officer put out his hands to break his fall, injuring himself in the incident. He went to hospital and was X-rayed, as it was initially suspected he had received a broken arm; however no breaks or fractures were revealed.

After the assault, Migala ran down the street, making threats and acting aggressively. Police pursued and capsicum-sprayed Migala before arresting him.

The defendant told the court things had “gone too far” and he couldn’t remember much of the incident.

“I was drunk and stupid and very sorry,” Migala said.

Mr Carroll sentenced the defendant to one month in jail, wholly suspended and imposed one fine for five charges, totalling $1500.

Migala said he was willing to pay compensation and Mr Carroll ordered restitution of $400.

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