A 'paranoid' cannabis farmer armed with an imitation submachine gun who was accidentally shot by police has been spared jail.
Aaron Humphries appeared over videolink from HMP Hewell at Worcester Crown Court yesterday following the dramatic incident in Ronkswood Hill when he was shot in the leg by an armed officer.
Humphries was surrounded by armed police at around 9am on October 2 last year.
Video footage of him falling to the ground after he was hit has already been widely circulated on social media.
The 31-year-old of Wetherfield Road, Birmingham, was able to walk unassisted into the videolink room but is understood to still be suffering with his injury.
The defendant was also growing 33 cannabis plants at his ex-partner's tanning salon in Dines Green. He told police she was unaware of the grow.
She had not been using the premises because of Covid-19, he told officers.
As previously reported, the father-of-two, who has worked as a civil engineer, had already admitted possession of an imitation firearm at a time he was committing another offence (criminal damage at his ex-partner's home in Dines Green) on Saturday, October 2 this year, the imitation weapon named in court as an MP5K, a form of submachine gun.
He further admitted criminal damage - destroying property without lawful excuse - on the same date, including windows, a door and a Ring Doorbell belonging to Platform Housing.
Humphries already stood convicted of the production of cannabis at a commercial unit in Worcester following a hearing at Kidderminster Magistrates Court on October 16.
The defendant's advocate said his client had a previous diagnosis of personality disorder, psychosis and paranoia.
Amanda O'Mara, prosecuting, described how on October 2 last year Humphries arrived at his ex-partner's home in his BMW and rang the doorbell at her address in Gower Close, Dines Green.
Video footage was played from a ring doorbell which which showed him ringing the bell repeatedly before he kicks the camera, smashing it. A 'home made made dumbbell was used to smash the windows of the house and the front door, causing £1,400 damage.
Humphries left, parking his BMW in Ronkswood Hill and was seen by a passer-by who said he saw the defendant inside the car with what looked like a two ft long gun on his lap.
The witness became suspicious when he discovered the BMW was untaxed after checking online and police were called. At around 9.02am armed police arrived and detained the defendant.
"When he was exiting his BMW one of the firearms was discharged, striking the defendant in the leg.
"He was taken to the Queen Elizabeth Hospital in Birmingham for treatment and arrested at 11.59am the same day" said Miss O'Mara.
The firearm was recovered from the car's passenger footwell, identified as an imitation Heckler and Koch MP5K submachine gun.
It did not have a magazine attached. The imitation firearm was later described by a firearms expert who examined it as 'a good facsimile of the original with a holographic sight and a folding butt stock'.
In interview Humphries said on the day he drank vodka and had taken cocaine but denied he ever had the gun on his lap as described by the witness.
The cannabis grow, of 33 plants, was found after a search warrant was executed at the Tanning Lounge in Dines Green on April 27.
The electricity supply had been bypassed and the grow contained timers, eight 600 watt lights, fans, hydroponics and tubs of nutrients valued by an expert at around £2,000.
If sold at street value the plants could have fetched up to £27,700.
The defendant said the plants were grown for personal use and Judge Jackson said, if the prosecution wanted to pursue the allegation it was a commercial operation, 'it seems to me there needs to be something more than the number of plants involved'.
"I do recognise that some people who grow cannabis plants get carried away with what they're doing and grow to excess. It strikes me this is one of those cases here" he said.
Referring to the firearms incident, Judge Jackson said the police gun was 'accidentally discharged and you were shot in the leg'.
"That is something that continues to affect you to this day" said the judge.
However, he added: "Plainly the police must have felt they were justified in approaching you with firearms because they had reports of someone carrying a firearm. They had to treat that seriously."
Judge Jackson sentenced Humphries to 20 months in prison suspended for two years and placed him under the supervision of the probation service, ordering him to complete 30 rehabilitation activity requirement days.
He was also ordered to pay £1,400 in compensation to Platform Housing for the damage.
The forfeiture and destruction of the cannabis, associated paraphernalia and the replica firearm was also ordered.
No order was made for costs given the amount of time Humphries had already spent in custody awaiting sentence.
The shooting itself has been referred to the Independent Office for Police Conduct (IOPC) which will carry out an independent investigation into the incident and the discharge of a police firearm.
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