Drunk man kicked policewoman in head during her first night shift, court hears

The attack has been condemned by West Mercia’s Police and Crime Commissioner who said he was “outraged,” while Superintendent Damian Pettit said “it will not be tolerated.”

The assault happened to PC Molly Smith on her first night shift when she was in her first week of shifts for the force.

John Moss admitted assault by beating of an emergency worker, being drunk and disorderly and obstructing a constable in the execution of their duty when he appeared at Worcester Magistrates Court on Thursday.

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Emily Clewer, prosecuting, said police were originally called to Broad Street to a fight between two men at 6am on August 18.

“The defendant was restrained by police, who tried to calm him,” the solicitor said.

“He became agitated and aggressive. He hit his head on the ground.

“When police tried to handcuff him he resisted arrest and police got him to the floor.

“He tensed his muscles. He kicked out and hit PC Smith’s face and upper body a number of times.

“PC Smith suffered cuts to her lip and pain to her arm. He apologised at the time to the officer.”

The solicitor added the 26-year-old had one conviction, which happened nine years ago.

Mark Turnbull, defending, said: “Moss accepts he had been drinking. He went out with a friend.

“The event moved into the early hours, but it came to an unhappy end.”

Mr Turnbull said the police interpretation of the fight was between two men, but he said in fact the issue was with someone else.

Mr Turnbull said things started to calm down, but after police returned his mobile phone to Moss and he saw it was smashed, and his sister was made to leave, it reignited the problems and the assault.

“He is not deliberately aiming to his credit,” the solicitor said.

“When they told him he had kicked a police office he immediately apologised, and apologised again in interview.

“It certainly was not deliberate.

“He was under the influence when it happened.

“It certainly was not premeditated.”

Mr Turnbull said Moss was profoundly dyslexic and had learning difficulties, and struggled with his memory so couldn’t remember a lot of what happened.

Mr Turnbull added that as the offence of assault of a emergency worker had been newly introduced there were no guidelines for the offence, but argued it could be dealt with by a fine.

After 15 minutes deliberation by magistrates, the bench decided Moss should speak to probation as they felt he should be given a punishment of unpaid work.

But a probation report said Moss was not suitable as he would struggle to do the work, and instead argued a curfew was a more appropriate punishment.

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Keith Stoke-Smith, chairman of the bench, said: “You realise you are in court for one reason, excess drinking and because of that you lost control.

“You need to grow up and accept more responsibility.”

Magistrates placed him on a three month curfew for the assault and ordered him to pay £50 compensation to PC Smith.

Moss, of Lear Close, Worcester, was also fined £212 for the other two offences and told to pay £185 court costs and £90 victim surcharge - a total of £537.

Outrage at assault on young officer

Superintendent Damian Pettit said: “This was an unprovoked assault on an officer who was professionally carrying out her duties and protecting the public.

“Our officers often selflessly put themselves in harm’s way and, like everyone else, they have a right to work safely and without the threat of violence. Attacks on our staff are illegal, unacceptable and will not be tolerated.

“Following the prompt arrest, we secured a charge and subsequent conviction against John Moss for his actions.

“The officer is well, being well supported and continues to fulfil operational duties.”

John Campion Police and Crime Commissioner, said “Both the public and I are rightly outraged by assaults against officers, and collectively we believe that those committing these crimes should receive the appropriate punishment.

"I am yet to be convinced this is happening in all cases and will continue to work with Government, supporting legislative changes which protect those who protect us.”