Chip shop knife man '˜had been attacked by gang'

Derry McGarrell was attacked by a group of youths in Templehall and reacted by going into a chip shop and grabbing a knife.

He then went back outside and approached his attackers with the knife, making threats.

McGarrell was taken to hospital by police to have injuries treated and violently assaulted officers.

McGarrell, of Den Walk, Methil, appeared for sentencing at Dunfermline Sheriff Court where he previously admitted a series of offences which took place on June 23.

At Valentinos, Dunearn Drive, Kirkcaldy and elsewhere, he repeatedly uttered offensive remarks, shouted, repeatedly brandished a knife at members of the public, threatened to cut himself with the knife and made threats of violence.

He also admitted being in possession of a knife in Dunearn Drive.

The same day at the Victoria Hospital’s accident and emergency department he assaulted PC Alan Smith by attempting to headbutt him and then kicked him on the head and compressed the officer’s neck between his legs.

He also assaulted PC Craig Aitken by attempting to bite him on the head and body.

He further admitted also at the A&E, he repeatedly shouted and swore, repeatedly made offensive and homophobic remarks and repeatedly uttered threats of violence towards police officers.

Depute fiscal Sarah Lumsden said that around 9.10pm, McGarrell was attacked by a large group of youths outside Templehall community centre.

He ran into Valentinos chip shop, took a knife and walked back towards his attackers waving it and making threats.

When the knife was taken from him he was again attacked by the youths. Police were called and found McGarrell cut and injured.

Defence solicitor Scott McKenzie said, “He was out in Templehall with his partner for a night out and he’s not from that area.

“He was challenged by a group over something that had been said earlier. He was then assaulted by the group and ran away into a chip shop and took the knife to defend himself.”

He said his client, who was now in full-time work and was a young father, had “blacked out” after the assaults on him and could not recall the offences against the police officers.

The court heard McGarrell was already on a community payback order and had more than 200 hours of unpaid work still to be completed for that offence.

Sheriff Craig McSherry said it had been his intention to impose a 32-month custodial sentence but had changed his mind because the very positive social work report.

He imposed another community payback order with 12 months’ supervision and a six- month restriction of liberty order. The order will be reviewed on August 1, when further unpaid work may be added.