A fire officer accused of attempting to attack a prisoner who was at Peebles Hospital to receive medical treatment on April 20, 2015, returned to the Magistrates’ Court on Friday.
Avery Malone, 28, pleaded guilty to assault on police, disorderly conduct, and being armed with an offensive weapon.
At his previous court appearance in May, Crown Counsel Garcia Kelly alleged that Mr. Malone approached prisoner Eric Cameron, his former co-worker, in an aggressive manner in the hospital’s parking lot.
Mr. Cameron was supervised by a police officer, who told the defendant to leave, Mr. Kelly said.
The prosecutor claimed that Mr. Malone then picked up a nearby oxygen tank and approached Mr. Cameron with the tank raised over his head.
The police officer disarmed the defendant, but injured his own knee in the process when it struck against an ambulance, Mr. Kelly said, adding that the defendant was then arrested and charged.
The defence
On Friday, Mr. Malone’s defence attorney Michael Maduro told Senior Magistrate Tamia Richards that there are significant mitigating factors that should be taken into consideration before sentencing.
Mr. Maduro claimed that his client is a “hardworking individual” with no previous convictions, and said he has expressed remorse to the court and the virtual complainant.
Additionally, the attorney asked the magistrate to consider that Mr. Cameron had attacked the defendant a few days prior to the incident and wounded his forehead and temple.
Ms. Richards instructed the defendant to attend counselling, and ordered him to return to court for sentencing on Sept. 16.
Mr. Malone is currently out on $25,000 bail.
Mr. Cameron, who pleaded guilty to grievous bodily harm in relation his April 18, 2015 attack on Mr. Malone, was previously sentenced to time served after spending nine months and 22 days in prison.