An inmate at HMP Grampian headbutted a prison guard in a fit of rage after being told he wasn’t allowed to go to the gym.
Martyn Fitzsimmons lost his temper when his name wasn’t on a list of prisoners to use the fitness facilities one morning.
After threatening to torch one guard’s car, the 42-year-old branded another a “fat ride” before headbutting him to the chin.
Fitzsimmons was quickly restrained and, after an “adapted pair of tweezers” was found in his cell, ended up spending four weeks in a segregation unit.
Fiscal depute Carol Gammie told Aberdeen Sheriff Court the incident happened just before 9am on May 13 2021.
‘I will torch your car, you wee daftie’
Two prison officers were on duty within level three of the Ellon Hall at HMP Grampian making arrangements for inmates to attend the gym.
Fitzsimmons “took exception” to not being on the list to use the gym and confronted one of the guards.
He warned: “Get me on that PT list or I will torch your f****** car in the car park you wee daftie.”
The officers ordered Fitzsimmons to return to his cell but he refused.
Other officers attended to escort Fitzsimmons back to his cell.
During this time, Fitzsimmons asked another guard: “What the f*** are you looking at you fat ride?”
Fitzsimmons then proceeded to headbutt the man to his chin.
He was immediately restrained and locked in a cell before being moved to a segregation unit.
The guard who was assaulted was left with redness to his chin but did not require medical treatment.
Fitzsimmons’s cell was later searched and a “sharp double-pronged improvised weapon” was found inside a pocket.
The incidents were reported to police.
Currently serving lengthy sentence
Fitzsimmons, now of HMP Low Moss, pled guilty to assault to injury and to possession of an offensive weapon in prison.
Defence agent Mark Dunbar said his client was currently serving a lengthy jail term with the earliest release date of July 2028.
He said: “These incidents occurred nearly two years ago. He tells me there’s been no misconduct since.
“He’s been focusing on attempting to turn his life around.
“He doesn’t cover himself in any form of glory at all.
“This was a loss of temper. He was expressing his frustration at not being able to attend the gym that morning.
“He felt he should have been on the list. His exercise is very important to him.
“He tells me some comment of some nature was made by this particular officer.”
Kept in segregation for 28 days
Regarding the weapon, Mr Dunbar said: “The item is an adapted pair of tweezers. It was for defence purposes.”
He added Fitzsimmons was kept in segregation for 28 days.
Sheriff Philip Mann told Fitzsimmons: “You probably caused more damage to yourself in terms of the effect this is going to have on your application for parole in due course.
“If you behave like this, it’s just going to be a rolling sentence.”
He jailed Fitzsimmons for 30 months consecutive to his current sentence.
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