Nairn man who spat at and tried to bite a police officer avoids jail
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A Sheriff reprieved a Nairn man who was facing a jail sentence for repeatedly spitting at police by placing him under social work supervision for two years.
But Sheriff Eilidh Macdonald warned 27-year-old Inverness prisoner Marcus Capp that he would be imprisoned if he did not fully comply with her order.
She told Capp: “This is your chance. This was appalling behaviour, which was reckless, violent and upsetting.”
Capp admitted two police assaults, resisting arrest and threatening or abusive behaviour.
Defence solicitor advocate Shahid Latif told Inverness Sheriff Court that his client had a history of jail sentences but incarceration had not stopped his offending.
He added: “Rehab-ilitation may now be at the forefront of the court’s mind rather than punishment.”
Sheriff Macdonald agreed, telling Capp: “You have spent the equivalent of eight months in custody, and having read the reports, I believe some rehabilitation must be attempted if you are to stop behaviour like this.”
Mr Latif told the court that Capp had an “unenviable upbringing, has a long-standing mistrust of authority and now suffers from mental health problems.
“He recognises he needs help and it is available.”
At an earlier hearing, the court was told that officers had to try and avoid being repeatedly spat at by Capp, who had been arrested following a report of suspicious activity at an Elgin house.
The initial incident occurred at 3.50am in North Street on January 3 when officers stopped Capp in his car.
Fiscal depute Robert Weir said that Capp co-operated at first, but became “aggressive on entering the police vehicle, matters deteriorated and police restrained him by taking an arm each. He added: “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 headbutt and trying to bite an officer’s hand.
“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. He was placed in a spit hood.”
