Dad lucky to avoid time in prison for police assault
A GLADSTONE man was told how scarily close he came to spending time behind bars for the assault of a police officer.
Ryan David Mitchell pleaded guilty in Gladstone Magistrates Court to two charges including one count each of assault and obstruction.
Police were called to a New Auckland address on November 28 about 8pm, following reports of a disturbance.
When officers arrived, Mitchell was drunk and told officers to "get f-d” as they were on "private property”.
Police told the 26-year-old to sit down and he again told officers to "get f-d, c-”.
Mitchell was told by police he was detained. He became aggressive and refused to listen.
Mitchell pulled his arms away from an officer and shoved another in the chest. Police used pepper spray on Mitchell and arrested him. The court heard police were called to the address for another matter. Police prosecutor Senior Constable Balan Selvadurai said the Queensland Police Service was seeking a harsh penalty for the man.
"A penalty that will hang over his head and show the community the assault of police officers will not be tolerated,” he said.
Sen-Contable Selvadurai asked the Magistrate to impose one to three months' in jail.
"Whenever police attended these situations it's always dangerous,” he said.
Defence lawyer Rio Ramos put Mitchell's actions down to a "poor error of judgment”.
Ms Ramos said her client pushed the officer for his own space and, since the offending, had taken steps to address anger issues. Ms Ramos said Mitchell was a father and labourer by trade.
Magistrate Dennis Kinsella said Mitchell was approaching a stage in his life "where you don't make stupid decisions”.
"This is a persistent disrespect for police.” Mr Kinsella imposed a 12 month probation order and recorded a conviction. "Make no doubt how close you have come to a very serious penalty being imposed.”