A 37-YEAR-OLD man who bit a police officer’s boots while being arrested has been found guilty of a series of offences, including assault on police.
Neill Armstrong, of Mantlin Road, Tattykeel Lower, Kesh entered guilty pleas to a number of charges; however, he contested the assault on police charge at Enniskillen Magistrates Court on Monday.
The assault relates to an incident at the defendant’s home on August 16, 2020. in which it took four officers to restrain the defendant at around 10.30pm.
Bodyworn footage from one of the arresting officers was played in court. It showed Armstrong sitting on his front step before standing up and becoming aggressive towards one of the officers.
As attempts were made to arrest him, Armstrong struggled, shouting abuse, and eventually he and an officer fell to the ground.
One officer can be heard saying that the defendant was to be arrested for resisting police and assault on police.
During the incident, an officer can also be heard saying to Armstrong: “Don’t you dare try and bite me.”
Footage
The officer whose bodyworn footage was played also gave evidence in court.
He said he thought Armstrong was going to assault another officer, and that the 37-year-old pushed and pulled, hitting him in the chest, before they both went to the ground.
The officer said that whilst on the ground, Armstrong bit into the upper part of his right boot which left teeth marks on the boots, which had to be replaced as the stitching had given way.
He also told the court of the attempted bite made by Armstrong.
Armstrong’s barrister, Ciaran Roddy, questioned the officer about why the officer had not included the attempted bite in his statement, which was only heard about for the first time in court, and why had he not taken a photo of the damaged boot after the incident when he had taken photos of other injuries sustained.
The officer said that the attempted bite was part of the overall struggle, while he only noticed the damage to the boot the next day.
The investigating officer also gave evidence, and while she admitted she did not see a punch by the defendant, she pointed out there was a lot of “commotion at the scene”.
When asked about the advice she received about arresting Armstrong for assault on police and resisting, she answered that Armstrong had been hostile and agitated, and she had a strong belief that he assaulted an officer, but she was not aware of the specifics.
In their submission, the prosecution said the evidence given by the officers was clear and candid.
Mr. Roddy said that they were “dealing with an unsavoury incident”. He said that out of the four officers present for the arrest, only one alleged a punch, and that was not borne out in the bodyworn footage.
In relation to the attempted bite, he said the explanation proffered as to why it was first heard about in court was not “good enough”.
District Judge Steven Keown described the incident as “violent” and aggressive”.
He said the police officer gave clear evidence of being pushed and pulled before falling to the ground, after which the defendant bit his boot, and therefore he was satisfied an assault occurred.
Armstrong was also convicted of driving with excess alcohol in breath, resisting police, failing to stop, remain and report a damage-only accident, and taking a motor vehicle without authority.
A charge of driving without due care and attention was withdrawn.
The case was adjourned for sentencing on May 10.
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