A NUISANCE street drinker broke a court order by downing cider in the street as he mourned the sudden, tragic death of his friend.
Robert Evans drank cider outside Asda in Worcester following the death of homeless man Ben Kreisler and also stole Thorntons chocolates from a Tesco Express in the city.
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The 49-year-old of Broad Street, Worcester, admitted breaching a criminal behaviour order (CBO) by drinking from an open can of cider and theft from a shop when he appeared before magistrates in Worcester on Thursday.
The court heard how Evans already has outstanding debts of £4,423 with the court.
Evans stole three boxes of chocolates valued at £16.80 on April 26 and had the open can of cider at St Martin's Gate outside the city's Asda store on June 20 as prohibited by the terms of the CBO.
The CBO, which was imposed on May 24, 2021 is due to run until May 24, 2024.
The offences also placed him in breach of a 12-week prison sentence which had been suspended for 12 months, although his solicitor said it was now no longer active.
Monuwara Begum, prosecuting, said an officer recognised Evans because he had 'dealt with him before' when he saw him outside Asda with a can of Black Storm Cider.
"He admitted taking three sips from the can. In interview he made full admissions to the theft from Tesco and said he entered the store with the intention of stealing chocolate," said Ms Begum.
She added: "He said he ate two boxes and gave one box away."
Mark Turnbull, defending, said: "At the time of both of these offences he was homeless."
He said many of Evan's previous offences were associated with public order linked to alcohol and he also had a history of drug misuse.
However, he also said: "We have quite a large gap in offending from May 2021 to these two offences. That coincides with some improvement in his circumstances."
He said Evans had type 1 diabetes and was also on a methadone prescription. "He got himself into a bit of a downward spiral in the spring," the solicitor said.
Mr Turnbull said Evans stole the chocolate because he 'needed sugar'.
"A friend and well-known local character who was a homeless person had recently died and there was something of a gathering of friends of his to toast him in relation to that," he said.
We have previously reported how Ben Kreisler, 36, was found dead in his room in St Paul's Hostel in Tallow Hill on Monday, May 23.
Many floral tributes and messages were left on steps near Asda where Mr Kreisler liked to sit and many of his friends gathered to pay their respects.
"He has not caused anyone any distress or disturbance. I think that's significant when you look at Mr Evans's offending history," said Mr Turnbull.
Magistrates imposed a 12 month community order with 12 rehabilitation activity requirement days. He was placed on a 12 week electronically monitored curfew between 7pm and 7am.
Evans was fined £120 and ordered to pay £16.80 compensation to Tesco and a victim surcharge of £114. The fines will be consolidated with his existing debts and deducted from his benefits.
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