'Accidental' spitter pays cop compensation
IT was a dumb dummy spit for Jonathon Dorante whose mouth load of phlegm struck the face of a Gladstone police officer during a struggle.
Dorante, 36, claims it was an accident after his request to "just let me kiss my missus" was ignored by police, who arrested him at a Toolooa house.
Dorante pleaded guilty in Gladstone Magistrates Court to serious assault of a police officer; and obstructing police on August 19 last year.
Prosecutor Sgt Barry Stevens said Dorante was verbally aggressive, swearing and calling police 'f...ing c..ts'.
Told to walk to the police car, he had pushed against officers calling them "f...ing dogs'.
With a cigarette in his mouth, he asked to let him kiss his missus, spat out his cigarette, and the saliva went into an officer's face.
Sgt Stevens said Dorante was put to the ground but continued to struggle, taking four officers to restrain him.
He was eventually manhandled to the police car.
Sgt Stevens said there had been no transfer of any disease and police sought $700 compensation for the assaulted officer.
Defence lawyer Cassandra Ditchfield said Dorante was serving a lengthy jail sentence on other offences, and regardless of the sentence for the police assault was looking at significant jail time.
She said police went to his home with a Return to Prison warrant for not attending Probation and Parole but he had an ill son in a Brisbane hospital at the time.
"At the time he'd been abusing methyl amphetamines and prescription drugs. He'd taken morphine prior to the police arriving," Ms Ditchfield said.
His partner, who Ms Ditchfield said is now in jail for trafficking, introduced Dorante to ice and he "slid down that slippery slope".
"He became angry with police as they refused to let him kiss her goodbye," she said.
"He says he verbally abused police and turned his head to the side to spit the cigarette out so he can give them another verbal spray and it stuck the officer, which was not his intention."
Magistrate Mark Morrow told him it was "a degrading and disgusting" act.
He sentenced Dorante to 12 months' jail for the assault and set a parole eligibility date at March 31.
Mr Morrow noted that his discharge date from jail for other offences was August 2017, so his eligibility would be up to the parole board.