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07
Sept 2020
Man avoids jail for threatening ex-girlfriend and breaking policeman's nose
A man who broke a policeman’s nose and cheekbone in a “disgraceful” attack at his home in Harrogate has narrowly avoided jail.
Joel Adam Rushton, 37, was resisting arrest when he struck one of the officers repeatedly, York Crown Court heard.
The officer received specialist hospital treatment for facial fractures and made a full physical recovery, but still suffered from the physical and mental effects of the incident on January 3, said prosecutor James Howard.
The policeman, who was named in court, had gone to Rushton’s address to arrest him for his behaviour towards his ex-partner, added Mr Howard. Six months after they broke up, she received a barrage of threatening phone calls from Rushton, who told her:
She hung up but he called back repeatedly, whereupon she called the police. Mr Howard added:
Turned violent
The victim – whose fraught relationship with Rushton ended in June last year – was so frightened of what he might do to her that she sought refuge at Harrogate Police Station.
When police turned up at Rushton’s home, he refused to be put in handcuffs and turned so violent that officers had to use pepper spray in an attempt to subdue him, amid screams from Rushton’s “highly agitated” new girlfriend, who was also sprayed accidentally.
Rushton “made a beeline” for one of the officers, whom he punched repeatedly in the face. The scuffle spilled out onto the street where Rushton grabbed one of the officer’s batons.
The injured officer had an X-ray six days later which showed he had fractures to his nose and cheekbone. He also suffered nasal bleeding.
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Rushton, of Grove Park Lane, Harrogate, appeared for sentence on Friday after pleading guilty to assaulting the officer occasioning actual bodily harm and making threatening phone calls to his ex-partner – an offence under the Malicious Communications Act.
In a victim impact statement, Rushton’s ex-girlfriend said she had been left feeling “anxious and distressed” which had resulted in her leaving the job she loved.
The officer who was seriously injured at Rushton’s home said he had suffered from depression, sleep problems and physical pain since the attack in January. He was put on restricted duties for weeks following the attack and was afraid to leave his house. Mr Howard said:
Previous convictions
The court heard that Rushton, a father of four, had two previous convictions for three offences including public disorder.
Defence barrister Keith Allen said that Rushton, who worked as a fireplace installer, “lost emotional control” on the day in question while in a “primal state” born of “extreme anger”. He had behaved “completely out of character” when the officers came to arrest him and had since received cognitive therapy from a mental health nurse.
Recorder Margia Mostafa branded Rushton’s behaviour towards his ex-partner “disgraceful”, particularly his threats to kill her. She added:
She noted, however, the “glowing” character references including one from Rushton’s employer, which “could not be further from the man that assaulted police and behaved in a dreadful fashion towards his former partner”, and others which described him as a “completely different man: a dedicated, loving father”.
Rushton’s 22-month jail sentence was suspended for two years but Ms Mostafa said he had “come close” to going straight to prison “because assaults against police officers are not acceptable”.
Rushton was also given a 12-month restraining order banning him from contacting or approaching his ex-partner. He was also placed on a nine-month, nightly curfew and ordered to carry out 150 hours’ unpaid work.
In addition, Rushton was ordered to complete a 25-day rehabilitation programme and pay £1,500 compensation to the injured police officer.
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