A Birmingham father-of-four threatened to 'stamp on' his step-father in menacing voice-notes sent while 'black-out drunk', a court has heard.
Damian Ebanks recorded two messages to his mother's ex-partner as issues arose between them in January this year. The 32-year-old, of Benedon Road, Birmingham, had previously reported his step-father to the police, but no further action was taken.
Threats to 'kick teeth down throat'
On January 12, Ebanks told the complainant he would 'kick his teeth down his throat' as he asked to meet him at the park to 'beat him up', Birmingham Magistrates' Court heard. It was an 'isolated incident' while abusing alcohol, his solicitor told the court.
Ebanks pleaded guilty to sending a menacing message as he was fined for the offence on Tuesday, June 16.
Prosecution details
Prosecuting, Ms Butler said: "The injured party is married to the defendant's mother. There is some background, the defendant apparently reported the injured party to the police in January of this year. The injured party was arrested for that and interviewed, there was no further action.
"There was a further incident where the injured party called the police later on in January to report a harassment matter. Turning to this offence, the injured party contacted the police to say that he had received voice-notes of a threatening and menacing nature.
"He reported to the police that on January 12 this year, he received a message from the defendant that he was going to 'stamp on him like a pancake and kick his teeth down his throat.' He asked to meet him in a park so that he could beat him up."
The last time he saw the defendant was January 7, by that time he had moved out and got his own place. During a check, police found the messages were linked to a number used by Ebanks.
Defence mitigation
Ebanks had not been in trouble since he was sentenced for a common assault in 2019, the court heard. Mitigating, Mr Ikram, said his client had "no recollection of the offence as he was abusing alcohol at the time, and was 'black out drunk' when the calls were made."
He told the court: "He couldn't explain the reasons for his actions. He is remorseful. His intention was not to cause the complainant any harm or that his language would be offensive. He has four children, he recognises he does have an alcohol issue."
His step-father is no longer in the life of the mother and therefore a restraining order was not deemed necessary, the court heard. "It has been almost five years since his last offence," Mr Ikram continued. "This, to him, was an isolated incident. It was at a time when he was abusing alcohol."
Sentence
Ebanks was told to pay a total of £197, including an £80 fine, £85 prosecution costs and a £32 victim surcharge.
