A 32-YEAR-old man who told an off-duty police officer he would "bang him out" will not serve anymore jail time, magistrates decided.
Christopher Stones, of Owletts End, Pershore, appeared to Worcester Magistrates Court on videolink from prison on Tuesday, (June 20).
Owen Beale, prosecuting, explained off duty officer Zahari Zahariev had been in Primark in Worcester with his partner on December 18 last year.
The prosecutor said, after Stones had used unwanted behaviour towards the partner, Mr Zahariev challenged the defendant about it and mentioned he was an officer.
Stones had then said he didn't give a (expletive) about that adding: "I will bang you out".
"That led him (Mr Zahariev) to fear violence would be used against him," the prosecutor said.
"He (the victim) left the store".
Mr Beale said Mr Zahariev had been disgusted by what happened when he just wanted to go shopping with his partner.
At one point Stones interrupted Mr Beale saying he would not have done anything to the victim.
Mr Beale responded: "You made a threat Mr Stones, it is whether Mr Zahariev believed it would be carried out."
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The court heard Stones was currently in jail because he had been given a suspended sentence for a common assault which also took place on December 18, last year - the sentence being activated earlier this year.
Ian Parsons, defending, said if all the offences had been dealt with at the same time Stones may not have been further punished for the latest offence.
The solicitor said Stones, who sighed throughout the hearing, had been drinking that day and was "talking to everyone" as he was chirpy.
Mr Parsons added the dad-of-one had been in prison for 20 weeks and was keen to be released from HMP Hewell next week.
Following deliberations chairman of the magistrates bench, Susan Mitchell, told Stones there was "no wish" for him to spend any more time in custody.
The chairman said Stones would be given six days in custody but explained they deemed those days already served.
Stones asked if that meant he would leave prison on his release date and the chairman confirmed that was correct before telling him he could leave the video booth.
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