A man pepper-sprayed a neighbor in the face when an argument about the sale of a car ‘turned sour’, a court heard. Jason Smith attacked the victim in the street in Tameside on July 26 last year when negotiations over the sale became violent.
Minshull Street Crown Court heard Smith, 46, who was described as having a ‘long’ criminal record, which includes a previous conviction for possessing CS gas, sprayed the victim in the eye as the pair confronted each other outside their homes on Cheetham Fold Road in Hyde.
The victim, who was named in court only as Mr Walton, wasn’t injured. Smith was later arrested and found with the pepper spray in his possession.
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Lisa Boocock, prosecuting, said: “In mid-July last year there had been discussions between Jason Smith and Mr Walton about buying a car. Those discussions turned sour and that developed on July 26 with an exchange of insults.
“The defendant was unhappy about a part that had been purchased for the car. Further threats were made with the defendant heard to say ‘He will pay for it’.
“Mr Walton decided it would be a good idea to come down and meet the defendant. He had an idea that things were going to turn nasty. They were pointing at each other.
“The defendant then raised his hand and sprayed him in the face with pepper spray. The two of them continued to point and shout. Mr Walton then felt some discomfort in his eyes.”
The court was also shown brief CCTV footage of the incident. In a victim impact statement, which was summarized for the court, Mr Walton described how the incident had left him ‘withdrawn’, and ‘very worried emotionally’. He now felt scared in his own home and had since struggled to sleep, the statement added.
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Thomas Sherrington, defending, said Smith’s life had previously been ‘plagued’ by psychological and mental health issues and drug abuse. Mr Sherrington described the defendant as ‘vulnerable’ due to his disability. But, Mr Sherrington added, in recent years Smith had worked very hard to keep out of trouble and turn his life around.
Mr Sherrington said: “When confronted with that situation he reacts differently than perhaps other people would. That is not an excuse, but perhaps an explanation for why he took the pepper spray out.”
Mr Sherrington said the use of the pepper spray was in some ways ‘a defensive measure’, as Mr Walton was pointing towards Smith and getting in his face. The court also heard that in the month after the attack Mr Smith had made two complaints to the police about Mr Walton, but no action was taken.
Smith pleaded guilty to possession of a prohibited weapon and administering a noxious substance with intent. He was also convicted of breaching a suspended prison sentence handed down in February last year for a racially aggravated public order offense involving a shop security guard.
Recorder Abigail Hudson sentenced him to six months in prison suspended for 12 months, fined him £100 pounds and ordered him to complete a 30 day rehabilitation requirement.
