A DRUNK man spat blood at a police officer, kicked him and threw cans at a shop worker after the attacker was beaten up in mysterious circumstances.

Dean Davis, who has previous convictions including robbery, was bleeding from his mouth and had been drinking in memory of his late partner at the time of the incident in Tesco in Malvern, Worcester Magistrates Court heard on Monday.

The 55-year-old of Holmwood Gardens, Evesham, admitted assault by beating of an emergency worker by both kicking at and spitting at PC Olczak during the incident on August 26 this year.

Davis, who has been in custody since the assault, also admitted common assault on shop worker Alex Green, throwing the cans which hit him in the shins. This was after the defendant was told staff would not serve him.

Both victims appeared at court to give evidence in the trial but did not have to when Davis pleaded guilty. This placed him in breach of a 12 week prison sentence suspended for 12 months imposed on June 21 this year.

Sarah Hurd, prosecuting, accepted that Davis, who already had blood on his face, was acting on a reckless basis when he spat, hitting the officer on the arm. Mrs Hurd said: "That, in the days of Covid, is not an acceptable situation to be in."

The officer said in a statement: "I was not overly concerned about the kick to my leg given how drunk and weak he was. He was unable to kick with much power. It did not leave any mark." However, the officer said the pitting did cause alarm and distress, describing the act as 'unpleasant and dirty' and speaking of the health risks, including potential hepatitis infection. The shop worker said the attack had made him feel 'nervous in regard to working late shifts'.

Karl Meakin, defending, said: "At some point prior to the incident in the shop he has clearly had something of a beating. He's at a loss to explain what has happened there or how he has come to be in the state he is in. He has consumed a significant amount of alcohol prior to this incident."

The solicitor explained that, three years ago, the defendant had lost his partner to suicide which had left him with physical and mental issues ever since. "He accepts he could have been more careful about how he cleared his mouth of blood" he said.

Davis, whose record went back to the 1980s, was handed a four year extended prison sentence for robbery on April 15, 2005. However, when he was released in 2007 he did not offend for a decade which corresponded to the time he was with his partner, Mr Meakin said.

Magistrates fined him £180 for each assault on the officer and no separate penalty was imposed for the assault on the shop worker.

Davis will not have to pay as it will be taken as time served because he has been in custody since the assaults. However, magistrates did activate the 12 week suspended sentence. Davis will have to pay £100 compensation to each victim.