Derbyshire drunk spat in face of cop who took him to hospital on Christmas Day

Southern Derbyshire Magistrates’ Court heard how Kyle Cox, of Church Street, Riddings, had been 'thrashing around' in the back of a police vehicle as officers transported him for treatment.

But when they arrived the 23-year-old began 'swearing and shouting' at other people in the waiting area of accident and emergency.

John Cooper, prosecuting, said: “The officers took him to a quieter area away from the other people.

“One of the officers said he was fearful for his safety and for that of his colleagues and the public because the defendant was so agitated.

“He said to the officer ‘when I next see you in the street I am going to knock you out’ before swearing again.

“The officer pushed him back and he landed on the floor.”

Mr Cooper said officers then tried to get handcuffs on Cox.

He said: “More units were requested and at that point the defendant spat in the face of the officer who said it landed on his nose and eyebrow.

“At that point he was arrested for assaulting a police officer and had to be put in leg restraints because of his intoxicated state.”

Mr Cooper said the offence took place shortly after 9.30pm at the Chesterfield Royal Hospital after 'intoxicated' Cox had been taken to a police station after suffering 'a paranoid moment' and the officers had decided to transport him there for treatment.

In a victim impact statement, the officer who was spat at, PC Andrew Swift, said: “I should not have to put up with this when I am at work and neither should anyone else.”

Mr Cooper said was interviewed and at first tried to claim he had been 'beaten up by the police'.

But he later pleaded guilty to one count of assaulting a police officer in the execution of his duties.

The court heard how the offence put him in breach of a suspended sentence, imposed in September for two counts of assault and one of criminal damage.

Kelly Shooter, for Cox, said her client had been working as a scaffolder in the run-up to Christmas but was currently unemployed.

She said: “He is extremely remorseful about his actions.

“Although he is not actively diagnosed with anything at the moment he does have mental health problems.

“He knows he behaved in an extremely bad manner.”

Magistrates handed Cox a 12-month community order and extended his suspended sentence by another six months telling him: “This was a very unpleasant offence.

“We realise you have mental health problems but it is your choice to drink and your choice to take drugs.”