A Birmingham man has been ordered to pay £100 to a police officer after spitting at him during a search in an alleyway, a court has heard. John Freeman, who was too intoxicated to recall the incident, had been drinking with a friend in Castle Vale before the altercation on April 14 this year.
Incident Details
Police officers, responding to a report of a person with a knife behaving strangely, found Freeman sitting on the floor in an alleyway. Suspecting he was armed, they restrained the 38-year-old from Pershore Road, Stirchley, on the ground. However, Freeman was not carrying a knife. Birmingham Magistrates' Court heard that he was in the wrong place at the wrong time and reacted inappropriately to the officers.
Freeman, who had a bloodied nose at the time, claimed he would not have intentionally spat at the officer but was merely clearing his throat. He initially pleaded not guilty to assaulting a constable in the execution of their duty but later changed his plea to guilty after seeking legal advice and apologised.
Defence Statement
Mitigating, Phillip Haycock stated: "He has asked me to apologise for his behaviour. The police wanted to search him to see if he had a knife. He had very little recollection of the incident. The defendant lives in Stirchley and went to visit a friend in Castle Vale, consuming a lot of alcohol. This impacted his behaviour and recollection."
Haycock explained that body-worn footage showed Freeman being searched, and he told officers he had no knife and had done nothing wrong. However, he became difficult due to the search, possibly linked to a previous hospital-induced coma. The footage showed him with a bloodied nose, then a sound of spitting. Freeman claimed he was just clearing his throat, but the officer reacted, saying "how dare you" and took him to the ground.
Court Outcome
The court issued a compensation order of £100 to the police constable. The chair of the magistrates told Freeman: "We realise the police have a very difficult job to do. You were perhaps in the wrong place at the wrong time and reacted the wrong way because you were drunk. Spitting at anyone is particularly appalling. You suffer from PTSD and any form of manhandling is difficult for you. We have heard you are seeking support for your mental health difficulties."
The magistrates noted a previous history of resisting arrest but acknowledged it was years ago. Freeman's solicitor added that he does not like being manhandled by authorities.
