A CANCER patient arrested in Carlisle city centre over an allegation that was made by a “drunken person” recklessly lashed out, kicking a police officer in the face.
At the city’s Rickergate court, 36-year-old Angelo Pinto pleaded guilty to assaulting an emergency worker, the police officer he kicked, on November 20. He apologised to the court for his actions.
George Shelley, prosecuting, said the defendant was arrested outside of the Walkabout bar in Botchergate by two police officers who were investigating an unrelated allegation that was never proceeded with.
As the police did this, the defendant became verbally abusive and was calling them names. As he was being led to the police van under arrest he tried to kick out and as he was being placed in the back of a van he kicked out again.
This time, his foot connected with an officer’s face. “He later said that if he had kicked an officer in the face, he apologised but he suggested they had abused their authority,” said Mr Kennon.
The defendant’s criminal record contained just two matters, the court heard: a battery from 2010 and a committal to prison for non-payment of Council Tax.
Nick Kennon, for Pinto, of Portland Place, Carlisle, formally offered the defendant’s apology to the court. The lawyer said the defendant had lived in the UK for 15 years and had worked until February when ill health became an issue.
Mr Kennon said Pinto was now under review and on medication for cancer.
“He doesn’t go out a lot but this was an attempt to lift his spirits and see other people,” said the lawyer. “On the evening in question, he was arrested in the doorway to Walkabout in Carlisle, a very public location.
“He was somewhat aggrieved that he was publicly arrested in that manner on the word of a drunken individual.”
The following morning police had decided to take no further action on the allegation that was made.
But when arrested, Pinto was handled firmly, and had his face pressed against concrete in a way that was “distinctly uncomfortable”. “The [police] van arrived and he was dumped in to the back of it. An officer grabbed his legs and threw him in.
“At that stage, Mr Pint accepts that he lashed out with his feet.” The defendant said the assault was not intentional but reckless.
Mr Kennon said video footage recorded the defendant saying “stop punching me.”
A second officer was also heard to say to his colleague: “That’s enough; that’s enough.”
Mr Kennon added: “He spent the night in the cells and was arrested for something he hadn’t done. He’d just found out that he had cancer issues and he was not in the best frame of mind.”
District Judge John Temperley accepted that the news the defendant had just been given about his health probably affected his behaviour. He fined the defendant £200, and ordered that he pay compensation of £50 to the police officer.
Pinto must also pay £85 prosecution costs but there was no victim surcharge imposed.
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