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Barnstaple man who spat at police officer tells court he is 'embarrassed'

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Saturday, March 16, 2013
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NDJJoel

A MAN who spat in the face of a police officer and drenched the inside of a police van with phlegm has told a court he is embarrassed by his behaviour.

David Alexander McCartney, 40, had consumed seven litres of cider prior to the incident which happened at around 4pm on February 6 in Bideford.

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    David McCartney arriving at North Devon Magistrates' Court

McCartney, of Victoria Road, Forches, Barnstaple, appeared at North Devon Magistrates’ Court on Friday where he pleaded guilty to using threatening words or behaviour, assaulting a police officer, criminal damage and a separate charge of drunk and disorderly.

The court heard police were called to reports of a fight in Bideford and found McCartney in the road shouting abuse at a window above him.

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Karen Ball, for the prosecution, said McCartney shouted and swore at officers when they asked him to calm down.

She said: “He was arrested and cautioned but continued to swear at the officers.

“He was handcuffed and put into a police car but refused to put his seatbelt on and kept kicking and headbutting the car window.

“He was removed from the car and placed into a police van. As he was being led to the van he spat in the face of PC Simon Willian.”

When McCartney was removed from the van the court heard he had spat on all the interior surfaces meaning the vehicle had to be specially cleaned at the cost of £53.

Tony Dart, for the defence, said McCartney had breached a community order imposed by a court in Liverpool in November.

He said: “My client had gone to a friend’s house to drink cider when one of them decided to punch him in the face and literally throw him out of the flat.

“He was aggravated when the police arrived because he thought they were arresting the wrong man.

“He was angry and started spitting but did not mean to spit at PC Willian.

“He is embarrassed by his behaviour and plans to apologise face to PC Willian.”

McCartney had his current community order revoked and was given another 12 month community order with a supervision and drug rehabilitation order.

He was order to pay £50 compensation to PC Willian, £50 towards the costs of cleaning the van and a £60 victim surcharge.

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