A Derry Court has heard that police were ‘forced’ to draw their weapons after a 31-year-old man claimed to be in possession of a firearm.
Daryl Harvey had his sentencing deferred until December after admitting that he assaulted and resisted police on June 7 of last year.
The court heard that on that date, due to ‘an incident’ under investigation, police called to an address in Derry where they spoke to the defendant’s partner. It was established that Harvey had exited the property through the back door and was trying to climb over a fence.
A Public Prosecution Service (PPS) representative said the 31-year-old told police he had a ‘firearm’ which ‘forced’ officers to ‘draw their weapons. He was given several warnings but shouted at police, ‘Stay back or I’ll shoot’.
During the incident grabbed the injured party by the hair, ‘using her as a human shield’. The Public Prosecutor described Harvey as ‘aggressive’ and ‘wide-eyed’ during the incident leading police to believe he had a weapon he was willing to use to ‘injure police’.
The court was told that ‘baton strikes’ were used and the defendant ‘violently resisted’ by kicking one officer in the face and another on the right temple.
Defence counsel said guilty pleas were entered on the day of his contest when an additional charge of assaulting police was withdrawn. He explained that his client received ‘very serious injuries’ himself including a fractured eye socket and bruises all over his body.
He has since served 128 days in custody, the equivalent of an eight months sentence.
The facts of the case ‘paint a very serious situation’ which involved police cars positioned at the front and rear of the property. The defence barrister said his client has mental health issues which stem from a serious incident he witnessed in the family home as a teenager.
Since the birth of Harvey’s child he has been trying to stay out of trouble and he has a probation order that will run for another twelve months along with a community service order, the defence barrister added. He told the court that Harvey has a personality disorder and has been attending an alcohol misuse programme and asked District Judge Barney McElholm to take into account the time he has already spent in custody.
The District Judge said Harvey has been given ‘chance after chance after chance’. However, he decided to defer sentencing until December 7 as there was ‘some optimism’ that he was ‘at last trying to address’ his mental health issues.
Harvey, whose address was given as Deerpark Road in the Toomebridge area of Antrim, was warned that any further offending between now and then will result in an immediate custodial sentence.
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