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31
May
Suspected Knaresborough drink-driver kicked police officer in the face
A Knaresborough man kicked a police officer in the face while in custody.
John Gnap, 25, appeared at Harrogate Magistrates Court on Thursday (May 28) when he admitted failing to provide a specimen for analysis and assaulting a police officer by beating.
Sarah Tyrer, prosecuting, told the court a police officer was made aware of a report of a drunk man in Scotton just after 3pm on May 11 this year.
The officer was told the man – Gnap – was near a primary school at the time and was trying to get in his car, so there were concerns he was going to drive away.
After the officer set off to the scene, they received another report about Gnap to say he had now driven away and was heading towards the centre of the village.
Ms Tyrer said the officer then carried out relevant checks and discovered the car was registered to Gnap’s address.
But before the officer could arrived there, they received yet another update about Gnap, who had collided with a wall in Scotton.
By 3.15pm, the court heard, the officer arrived at the scene of the collision, where Gnap was sitting on a wall and speaking on the phone.
He was slurring his words and the officer immediately suspected he had been drink-driving.
After he ended the call, Gnap, of Appleby Avenue, told the officer:
I had a little crash.
Ms Tyrer said the defendant was “very worried about his dog in the car” and his mother was on the way to help him.
The officer requested Gnap provide a roadside breath test at 3.30pm, but he refused and was subsequently arrested.
When Gnap arrived at Harrogate Police Station, he was met by a named detention officer in the custody area.
The court heard:
The defendant was argumentative and wasn’t listening to police. He was told he had to wait in the cell and have his shoes removed for health and safety reasons.
The detention officer explained this to Gnap, but the defendant refused to remove his shoes and was “making reference to his lawyer”.
The detention officer instead chose to “forcibly remove” Gnap’s shoes, Ms Tyrer said, and as he went to remove them from Gnap’s feet, the defendant kicked out and struck the officer’s face.
Gnap kicked the officer whilst wearing his shoes and continued to kick out after, but the officer didn't sustain any injuries.
The detention officer managed to take Gnap to the ground, where he was pinned down by other officers too.
Ms Tyrer said Gnap also repeatedly failed to provide a sufficient breath sample at the police station.
Defendant 'struggling for some time'
Andrew Tinning, defending, said:
I have to correct one thing: the breath test took place before the assault and the reason why Mr Gnap was so upset was because of what had happened with the breath test, and that’s led to the incident.
Mr Tinning said Gnap has been “struggling for some time” following the death of his father, after which he turned to alcohol to cope.
He added:
Mr Gnap went to work that day, but he was sent home as he wasn’t well. He drunk alcohol at home and then took his dog for a walk at Ripley.
Then he collided with the wall.
Mr Tinning conceded Gnap refused to provide a breath sample at the roadside, but said the defendant insists “it was not a deliberate refusal at the police station”.
Despite blowing into the breathalyser four times, Gnap provided an “insufficient” sample and didn’t put forward a medical reason as to why he failed to provide the specimen.
For this reason, he was charged with failing to provide the sample. He was not charged with drink-driving.
Mr Tinning said:
Mr Gnap would admit he was obnoxious and difficult and affected by alcohol, but he was not seriously impaired.
[The assault] was a very brief incident… police grabbed hold of his shoe to try and remove it and he kicks. One of the kicks is a blow to side of the officer’s face.
The court heard Gnap is of previous good character and has a degree from Northumbria University.
The defendant currently works at Harrogate’s Army Foundation College, but believes he will lose his job due to his conviction.
Mr Tinning told the magistrates:
Mr Gnap says he was aware he was having problems as he started seeing a therapist in January. He also says he hasn’t drunk since this incident.
'Embarrassed and disgusted in his behaviour'
The case was temporarily stood for a pre-sentence report to be prepared.
When it resumed, probation officer Andrew Watson told the court the death of Gnap’s father occurred during his university degree.
Instead of trying to come to terms with his father's death, the defendant threw himself into studies and “has not properly grieved”, which led to him use alcohol as a coping mechanism.
On the day of the offence, after being sent home from work, Gnap consumed three-quarters of a bottle of wine at around 10am.
Mr Watson said by the early afternoon, Gnap took his dog for a walk in Ripley and had two further pints at The Boar's Head pub.
He then drove to Scotton to walk the dog again, after which the crash occurred.
Mr Watson said Gnap’s knowledge of alcohol units and driving was “limited”, but added Gnap was candid in admitting there may have been other occasions when he "unwittingly" drove over the limit.
He said:
The defendant says this has been a wake-up call and he will learn from this.
He also said he is embarrassed and disgusted in his behaviour.
Gnap was handed a 12-month community order, during which he must complete 10 rehabilitation activity days and a six-month alcohol treatment requirement.
He was banned from driving for 14 months, which would be reduced by 14 weeks if he completes a drink-drive awareness course, and ordered to pay a total of £337 to the court.
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