ARMED police came "within a hair's breadth" of shooting a man in a gun drama near a quiet Worcestershire village, a court heard.
Officers sped to the area after a report of windows in a house being broken by shots and the householder bravely confronting a man carrying a realistic looking pistol, Worcester Crown Court was told.
The incident started at around 8.30pm on June 26 this year when Wayne Ballinger and his wife were watching TV in the lounge of their listed building home in a quiet country lane near Wichenford, Ian Ball, prosecuting, told the court.
Mr Ballinger, who has a military background, heard a noise in another room and found three holes in two windows which he realised had been caused by a weapon firing projectiles, Mr Ball said.
He thought he was under attack and got into his BMW car to drive up and down the lane and saw a man he didn't know walking with his hand behind his back.
Mr Ballinger stopped and asked him what he was holding and the man, 34-year-old Matthew Martindale, produced the imitation firearm, pointed it at him and threatened to shoot.
Mr Ballinger "called his bluff", Mr Ball told the court.
"He told him he had better make the shot a good one or he would break his neck when he got hold of him," Mr Ball said.
Martindale backed away and Mr Ballinger got back into his car and accelerated towards him, braking at the last second and hitting his legs, toppling him onto the bonnet, Mr Ball said.
Martindale grabbed the BB gun, got up and fled into nearby woods. Mr Ballinger called the police and they arrived to protect him and and his wife in their home while armed officers searched the countryside nearby It was almost dusk when one of the officers heard a noise in bushes and someone shouting "is that the police?"
"The officer raised his gun, shouted 'armed police' and told him to stay still," Mr Ball said.
Martindale emerged from a ditch in the hedgerow with a black pistol and the officer got ready because he could not tell if he was going to shoot.
"The officer had his finger on the trigger and repeatedly shouted at him to lay the weapon down and not make any sudden movements," Mr Ball said.
Martindale brought the gun up to throw it away and at that second, the officer came "within a hair's breadth of firing his own lethal police issue firearm."
Martindale, of Queen's Estate, Wichenford, was arrested and started to behave hysterically, injuring himself when he headbutted the interior of the police van.
"The officer said later this incident was the closest he had ever come to firing his own gun at someone," Mr Ball said.
Martindale pleaded guilty to criminal damage of the windows and having a firearm with intent to cause fear of violence. The court heard he had 76 previous convictions and a history of mental health issues.
Niall Skinner, defending, said Martindale had bought the legal ball bearing gun for £100 a month before and used it to shoot magpies. He had recklessly fired it at the birds and hit Mr Ballinger's windows.
When he saw Mr Ballinger, he had panicked and wanted to run away. He was aggrieved that he had been run over and injured and had gone to hide. When the police arrived, he was happy to see them and he shouted out.
"He could have been shot. He could have been killed and all because he went out to shoot some birds in trees with a BB gun," Mr Skinner said.
Judge Robert Juckes, QC told Martindale he had come very close to getting himself shot by armed police and jailed him for a total of four years.
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