A Ballymena man who bit, punched and spat on multiple police officers has narrowly escaped going to jail.
Two weeks ago in the magistrates mourt, Shane McBurney was handed a four-month sentence for the incident, but at Antrim County Appeal Court on Tuesday, Judge Alistair Devlin varied this to two years on probation and 90 hours of community service.
He advised the 29-year-old to “wean yourself finally of alcohol and drugs” and warned McBurney if he reoffended or breached any term of the combination order, “you will almost inevitably be back before the court and you will not be given a further opportunity, certainly not by me and you will be heading off to immediate custody".
McBurney, from Fort View in the town, had earlier entered guilty pleas to six offences arising from events on 19 May this year, including five counts of assaulting police, three women and two men and a single count of disorderly behaviour.
A prosecuting lawyer outlined how bar staff at the Grouse Bar on Ballymoney Road had called police because of males fighting.
Although it had finished as officers arrived, McBurney was refusing to leave.
When police spoke to him, McBurney “became immediately verbally abusive" and when the officers came close, he “immediately displayed aggressive behaviour".
The lawyer described how McBurney was “shouting and grinding his teeth” in the face of a female officer and fearing they would be physically assaulted, McBurney was put into handcuffs.
However, he tensed his body up and used his weight against the officers.
During the struggle, a constable sustained bruising to her arms and legs and “severe pain” to her shoulder.
Her colleague sustained an injury to her left wrist and once McBurney was taken to the ground, he bit an officer on the finger.
McBurney “continued to flail his arms around, tensing his body up and refusing to comply” so the officers called for a cell van and put McBurney into limb restraints.
During an impassioned plea for clemency, defence counsel Ciaran Roddy submitted the incident “has been a bit of a wake up call for Mr McBurney” who has not consumed alcohol or drugs since.
Judge Devlin highlighted that McBurney had had multiple wake up calls before, including three convictions for actual bodily harm.
Mr Roddy stressed McBurney had not offended in 10 years and "now presents as a sober man who is insightful to his issues and what needs to be done".
Judge Devlin told McBurney it was clear he was “grossly intoxicated” and when he was arrested he “reacted badly, to say the least".
“This was an appalling incident,” he told the defendant, but added that it was also clear from the probation report that “he has shown some promise".