leahortez86: Drunken dad attacked man in home with hammer

Wednesday, March 16, 2011

Drunken dad attacked man in home with hammer

A FATHER who smashed his way into his ex partner's new home and attacked her boyfriend with a lump hammer has been jailed for three-and-a-half years.

David Gater drank seven pints of lager and four double vodkas before he went to Gavin Arnold's home in George Street, Chesterton, at 3.30am on November 27, Stoke-on-Trent Crown Court heard yesterday.

Prosecutor Fiona Cortese said Gater split up with Sophie Oldfield about three weeks earlier and she had moved in with Mr Arnold.

At 3.30am Gater called to say he was on the way with the hammer.

"They locked the doors," said Miss Cortese. "A car pulled up. The defendant was drunk, he was screaming and shouting towards Mr Arnold to fight him. He produced the lump hammer and began to bang on the door.

"Mr Arnold picked up a spade to defend himself should he (Gater) get inside the house."

The court heard Gater smashed the door panels and gained entry.

Miss Cortese said: "Mr Arnold shouted at him to calm down.

"He was petrified at that moment. The defendant broke through the door and he and Mr Arnold began to fight."

The court heard Miss Oldfield pushed Mr Arnold out the room.

"The defendant began to damage items and threw a microwave to the floor and smashed a window," said Miss Cortese.

She added: "Mr Arnold then used the spade to jab the defendant in the chest. Gater then got on top of the defendant and struck him a number of times to the head and face with the lump hammer.

"Mr Arnold tried to protect himself and the defendant was pulled off and ran off laughing."

But the court heard before leaving Gater smashed 10 double glazed windows, three single glazed windows and two doors.

Mr Arnold was left with a large cut to his forehead and needed eight stitches for that wound and two for a cut on his finger. Gater was also injured and he too needed hospital treatment.

The defendant, aged 26, of Wright Avenue, Chesterton, pleaded guilty to aggravated burglary.

Peter McCartney, mitigating, handed many positive references for Gater to Judge Simon Tonking, including ones from Miss Oldfield and Mr Arnold.

He said Gater has no violence on his record and acted entirely out of character.

Mr McCartney added that Gater only used the hammer on Mr Arnold after the complainant used the spade on him.

Sentencing Gater, Judge Tonking said: "You had been in a long-term relationship and as a result had a child. That relationship came to an end about three weeks earlier and your former partner had moved in with Mr Arnold. I accept you were put out by that and you were concerned about your former partner's drinking and the effect it would have on her ability to look after the child.

"But in drink you decided to take the law into your own hands and you armed yourself with this lump hammer. You went round and you were in fighting mood, you were literally spoiling for a fight.

"He received a nasty cut to his forehead and a very badly bruised arm. I cannot over emphasise how serious that use of violence was."