Sheriff Court: Driver spat at officers after arrest

Police had to repeatedly avoid being spat at by a man arrested following a report of suspicious activity.

The initial incident occurred at 3.50am in North Street, Elgin on January 3 when officers stopped Marcus Capp (27) while he was in his car.

Described in court as an Inverness prisoner, the court heard Capp, from Nairn, initially co-operated with officers but became aggressive on entering the police vehicle and, as matters deteriorated, the two officers restrained him by taking hold an arm each.

“He began to struggle violently by making his arms go rigid and by forcing his arms to the front, attempting to break free, trying to head butt and trying to bite an officer’s hand,” fiscal depute Robert Weir told Inverness Sheriff Court.

“He was handcuffed to the rear and while being placed in the vehicle cage, he headbutted one constable to the face. He continued to struggle violently.

“At Elgin police station he was removed from the police van cell and began repeatedly spitting at the police.”

Defence solicitor advocate Shahid Latif persuaded Sheriff Eilidh Macdonald to defer sentence for a background report and restriction of liberty order assessment.

He said his client had a poor childhood leading to “low self esteem”.

“But in the last few months there has been a sense of maturity in him,” he added.

“He obtained a job in a Nairn takeaway and he couldn’t drink during the day.”

Capp was remanded ahead of sentencing on April 29.