A Rosehearty man who once ram-raided a shop with a digger has been sentenced for beating up a neighbour in a row over a DVD.
Duncan Elrick was jailed in 2019 after he drunkenly stole a digger and crashed it into Keith’s Spar store in an attempt to steal money from the bank machine, and was in the dock again last month standing trial for another crime.
The 42-year-old saw his case collapse, however, when he made the stunning admission that he had indeed gone outside to attack Michael Kennedy when he was outside their home making his partner upset.
He had previously lodged a special defence of self-defence.
‘A square fight’
But that defence unravelled as soon as Elrick, of Hillview Crescent, was questioned by fiscal depute Ruaridh McAllister on why he did not just walk away or call the police if someone was acting in an abusive manner outside his home.
He said he went “looking for him to see what his problem was”.
“I’ve never said this was self-defence,” he added.
“I’m not disputing I went down to fight him, assault him.”
He also accused the procurator fiscal’s office of “exaggerating” the charges against his neighbour.
He said: “You’re trying to put words in my mouth – I’m sick of it!
“It was a square fight. I didn’t back down from him.”
It was also claimed in evidence that Mr Kennedy used the phrase “Skeletor-faced cow” to describe Elrick’s partner.
Under cross-examination by Elrick’s defence agent, Iain Jane, Mr Kennedy admitted his behaviour was “shocking”.
“I am aware my behaviour was shocking. I should have never said that. I should have walked away that day,” he said.
He maintained he was not the aggressor and that the row was sparked by his daughter not returning a DVD.
An alternative to custody
On Wednesday, Elrick was recalled to Peterhead to discover his fate.
Stopping short of sending him to prison for the assault, Sheriff Craig Findlater ordered him to complete 200 hours of unpaid work within the community over the next year.
He will also be under the supervision of the social work department for the next 18 months.