April 11, 2013 at 7:19 p.m.
A father-of-one who admitted threatening and assaulting a police officer was today sentenced to time spent in custody and fines totaling $600.
Kevin Simmons yesterday admitted assaulting Police Sergeant Dates but denied uttering threatening words, using offensive words and possession of a Leatherman skeletal tool on April 9.
Today, he was due to face trial but changed his pleas to guilty.
Crown counsel Nicole Smith told the court officers were called to a dispute in the Barrack’s Close, St George’s area at 1:15pm that day.
When they arrived, Simmons allegedly started screaming obscenities at them.
Simmons was warned about his behaviour and was then arrested for uttering offensive words.
He was put in a police car to be taken to the Southside Police Station.
On the way there, he allegedly said to PS Dates, “I’m going to slit your throat. I’m f**king going to kill you.
“Just wait til I’m out. I’m going to f**king kill you.”
Simmons was told he would be prosecuted and then said: “F**k off”.
The defendant continued to be uncooperative at the police station and wouldn’t assist the officers with giving his full information.
When PS Dates walked away from him, Simmons then spat on the back of his head.
During a search of the defendant, the officers found the Leatherman tool.
The court heard Simmons has no previous convictions.
Senior Magistrate Archibald Warner dismissed the possession of the tool and asked Simmons to explain his actions.
The defendant explained he had gone to Barrack’s Close to see his son but was denied entry.
He told the court he has a nine-month-old son whose mother won’t let him visit despite the fact that he financially cares for the boy.
But Mr Warner said: “It’s not going to be resolved by you going up there and threatening everybody and when the police come, cursing them off and then coming here saying you have got an anger management problem because you see where you end up.”
Simmons said the offence was “out of character” for him and he was very emotional about not being able to see his son.
Mr Warner said before sentencing Simmons had to consider all the circumstances.
The Magistrate said although the offences were serious, they were only dealt with in Magistrates’ Court meaning they weren’t as serious as other charges.
He also took into consideration the defendant’s guilty plea and his previous good character.
Mr Warner fined him $200 for each offence and time spent in custody.
“Let me tell you something young man, if you told me you have got anger management issues, if you tell me, you don’t need anyone to tell you that if before you get into any more trouble, you should make sure you do something about it.
“You have been in custody for two days. Perhaps you should think before you act.”
Mr Warner also told him to apply to the courts for his parental rights so that he will have access to the child.
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