A male who was found to have a sword and who bit a police officer has walked free from court because of his ‘family responsibilities’.
Ryan O’Toole, 29, previously avoided prison despite sinking his teeth into a police officers eyebrow and finger.
In January 2019, O’Toole was given a ten-month custodial sentence, suspended for 18 months, plus 150 hours of unpaid work.
But in August 2018, O’Toole breached the order after police discovered that he had a 12-inch blade in his vehicle that was being kept behind the driver’s seat.
In December 2019, Liverpool Crown Court heard that O’Toole had only completed 35 hours of community service and had not carried out any more unpaid work since the summer.
Following the knife-find, O’Toole walked free from court after his defence lawyers told the court that his ex-partner and child would ‘suffer if he was locked up’.
O’Toole has racked up a whole host of previous convictions including racially aggravated threatening behaviour, battery, robbery and attempted robbery, according to the Liverpool Echo.
Back in December 2018, police were called to an address where O’Toole was attending a family gathering. It was alleged that he had assaulted two people at the location, but no charges were later brought against him.
Officers who attended the call for help said that O’Toole appeared to be under the influence of drink or drugs and owing to his aggressive demeanour, he was warned to calm down.
Despite being issued with various verbal warnings, O’Toole ignored these and tried to attack the officers who were in attendance.
Officers used their incapacitant spray and ASP’s to try and subdue O’Toole, but these did not affect him.
O’Toole punched the officers in the head with one PC describing how he was “fighting for his life” as he tried to get O’Toole off of him.
The court heard O’Toole – said to be “growling like an animal” – bit an officer on his left eyebrow, then bit down on his finger.
Rebecca Smith, prosecuting, said:
“The officer described he was biting so hard he feared he had bitten part of his finger off.”
Another officer tasered O’Toole and then placed him in cuffs. During this process, they fell to the ground, and O’Toole kicked one of the officers in the back.
Despite the levels of violence shown by O’Toole, he avoided a custodial sentence and was back out on the streets.
Merseyside Police officers later spotted O’Toole on 12th Aand he was seen to be acting suspiciously.
Officers indicated for O’Toole to stop the vehicle he was driving, but he carried on driving.
After the vehicle eventually came to a stop, Ms Smith told the court how a passenger run from the car and escaped after climbing over a wall.
The driver, O’Toole, was detained by officers.
In their notes, officers noted a strong smell of cannabis coming from the vehicle and found a bag of drugs behind the driver’s side sun visor.
When officers spotted the sword, O’Toole told them:
“I cleared a house out as a foreigner and found it there. I just kept it in my car since.”
O’Toole was convicted of possessing cannabis and possessing a blade in public.
He also admitted breaching his suspended sentence by failing to comply with its requirements and committing new offences.
In December Judge Aubrey said the main reason he previously spared O’Toole jail was “mitigation in respect of your children”.
He said he needed to know more about him, but warned: “At the moment you have to expect to receive a custodial sentence.”
After receiving a new report from his defence team, the judge accepted that O’Toole was ‘remorseful’ and ‘regretful’ despite his conduct and string of previous convictions.
Judge Aubrey said it was O’Toole’s “last chance” and he had been convinced to spare him jail.
He handed him six months in prison, suspended for two years, and said his unpaid work would continue.
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