A man flew into a rage and attacked police officers when they searched his late father’s ashes for drugs.
Keith Milne became “significantly upset” when two officers appeared with a search warrant and emptied out a container filled with his dad’s remains.
The 42-year-old, who was handcuffed at the time, saw red and hit out at the officers.
Aberdeen Sheriff Court heard that he headbutted one constable before lashing out against another detective with his feet, kicking him to the chest.
Fiscal depute Lewis Devoy said in the early hours of May 20 2020 police arrived with a search warrant at Milne’s home on Farquhar Road in Aberdeen.
‘Is that you trying to restrain me?’
“The officers were afforded entry and the accused was found within and detained,” he said.
“At this point, a struggle ensued between the accused and the officers and they have made their way into the bedroom.
“The accused shouted at one of the officers ‘is that you trying to restrain me?’ and thereafter headbutted one of the constables to the face.
“The officer stumbled backwards due to the accused’s head making contact with his chin.
“Whilst attempting to restrain the accused, he grabbed hold of the constable and began scratching his face and neck – he then also kneed him to the torso.
“He then lashed out with his leg and kicked a detective to the chest.”
Milne was eventually restrained by the officers and was removed from the property and placed under arrest.
The constable suffered pain and tenderness to his jaw and scratch marks to his neck as a result of the attack.
Milne pleaded guilty to one charge of attempting to obstruct officers and acting in a volatile and aggressive manner, alongside two charges of assaulting two police officers.
‘Police were looking for drugs, but he didn’t have any’
Defence agent Kevin Longino told the court that his client has “a pretty long list of previous convictions” and “drug addiction problems”.
He said: “But over the last few years there has been a significant slowing down in his offending.
“The police came to his house looking for drugs, but he didn’t have any drugs.
“What he did have was an urn or a container with his father’s ashes.
“The police decided that they would empty this out onto the floor to look for drugs – that significantly upset him.
“The behaviour from Mr Milne happened almost immediately.”
Sheriff Lesley Johnston told Milne that his behaviour was “obviously completely unacceptable”.
She added: “Members of the police service of Scotland do not expect to be treated this way and to be assaulted during the course of their employment.
“This court does take these matters very seriously and I must say that imprisonment was very much on the cards for you today before I heard from your solicitor about the full circumstances.”
Sheriff Johnston sentenced Milne, of Linksfield Place, Aberdeen, to a community payback order with 12 months of supervision and a 90-day restriction of liberty order.
She also made an order fitting Milne with an electronic tag.
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