A man kicked a policeman and later told officers, “You better pray I don’t see you on a night out – be a shame if someone shanked you”.
Derek Simpson was spared jail – despite hurling verbal abuse at police, kicking an officer and trying to bite him and later threatening to shank two officers.
The 38-year-old made the thinly veiled threat from a police cell at Kittybrewster custody suite in Aberdeen on November 17 last year.
Aberdeen Sheriff Court heard that Simpson also coughed in a policeman’s face, telling him he was infected with Covid-19.
But Simpson’s defence solicitor told the court that her client had been getting used to new medication at the time when he was resisting arrest for an unrelated matter.
Fiscal depute Carol Gammie said as one police officer went into the police van to put handcuffs on Simpson, he refused to comply and called him a “black b******”.
When a female officer assisted the arrest, Simpson hurled more verbal abuse – calling her “chunks”.
He then tried to bite the male police officer on the arm and kicked his leg.
The court heard that as Simpson was being led to his cell, he threatened to “nut” a police officer before lunging at two other officers, while “snarling, gritting his teeth and being verbally abusive”.
He then walked over to a constable and deliberately coughed in his face, claiming he had Covid and adding “they were all going to get it”.
Simpson later admitted that he wasn’t positive for Coronavirus but had just wanted to give officers “the fear”.
He soon became verbally aggressive again and told two officers: “You better pray I don’t see you on a night out – be a shame if someone shanked you.”
‘No justification for behaviour’
Simpson pled guilty to charges of assaulting a police officer and behaving in a threatening manner.
He also admitted to a charge of assault by coughing in a police officer’s face while claiming to be infected with Covid-19.
Simpson’s defence solicitor Debbie Wilson told the court that her client wasn’t given his medication while in custody, which she said “didn’t help” the situation.
“He has now learned to manage how to deal with his frustration and his new medication is now kicking in.
“He was being difficult and, yes, he was angry, but he’s now trying to stay out of trouble.”
Sheriff Morag McLaughlin, who sentenced Simpson to a two-year community payback order, told him: “There is no justification for this kind of behaviour”.
As an alternative to a prison sentence, the sheriff ordered Simpson, of Manse Gardens, Turriff, to carry out 300 hours of unpaid work.
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