A troubled man who provoked Derbyshire police into shooting him in a street has been spared from custody after a judge heard of his personal problems.
Duncan Campbell, 20, needed surgery to remove part of a lung because of heavy bleeding and a second operation removed the police bullet from his back, a court heard.
He had been drinking heavily and was annoyed when refused a last order before going home to his mother’s home, according to the Nottingham Crown Court hearing.
The court further heard that Campbell left his mother’s home with an air pistol and made two 999 calls to say he had seen an armed man on the streets.
David Allan, prosecuting, said: “Mr Campbell was provoking officers to shoot him. The Americanism is ‘attempted death by cop’.
“Mr Campbell is described as having a particular interest in the police, having purchased items similar to police trousers, a police vest, even a stab vest.
“The air pistol, particularly at night, was indistinguishable from a real firearm.”
When the two armed officers saw him on the street, in Heanor, Campbell had the weapon in one hand.
Mr Allan said: “They stopped their car, immediately saw Mr Campbell and told him to drop the gun.
“He was raising it and appeared to have levelled at an officer. As a result the other officer shot Campbell once in the chest.”
The shooting took place on Stainsby Avenue, Heanor, near a bus stop. Campbell was taken to hospital and arrested two days later.
He admitted having an air pistol and causing a police officer to believe that unlawful violence would be used after the incident on August 26.
Campbell was given 16-months’ detention suspended for 18 months.
He must obey a four-month curfew and spend 30 days with probation officers to tackle his problems.
Judge John Burgess said Campbell could have expected two years’ custody but for his prompt plea of guilty and the “exceptional circumstances”.
Psychiatric and probation reports were considered before sentencing.
The judge told Campbell: “Please think how frightening it must have been for those police officers, even with their training.
“One officer is convinced you are about to shoot his colleague. He shoots you. You could have died.
“Just think of the effect on everybody here who supports you, think of the effect on the officer who shot you.”
In describing the officer’s handling of the incident, the judge said the decision to shoot was “a drastic but utterly necessary action”.
Kevin Waddingham, mitigating, told the court: “This is a serious and disturbing incident.
“He was in this situation where he is actively seeking to provoke a police officer to shoot him and kill him.”
Only weeks before, Campbell had been working away from home and felt isolated, according to the court, and that worsened his mental health problems and led to a drink-driving ban in July.
Mr Waddingham said Campbell, of Throwleigh, Okehampton, Devon, has moved to live with his father and has a part-time job as a maintenance worker.
Mr Waddingham added: “His remorse is genuine.”