Yahoo News 'Nuisance' homeless man who was begging for cash slashed ex-soldier in pizza shop attack
A homeless man walked back into a takeaway to attack a customer who had pushed him out, a court has heard.
Jakey Smith had a piece of metal with him that he used to try and slash a man who was waiting in the queue of Deno's takeaway on Tubwell Row in Darlington. The victim was left with a small cut to his neck.
The "good samaritan" pushed Smith out of the shop, on the night of Saturday, March 9, after he heard him asking women working behind the counter for money, and the staff saying they had already given him some. The victim - a former soldier - said the women were left in fear of the 26-year-old.
Teesside Crown Court has heard that Smith was "making a nuisance " of himself in the takeaway, when the victim pushed him outside. Ellen Wright said that when Smith became aggressive outside the shop, the victim's brother-in-law came out to help.
Smith repeatedly punched the second man in the face, before running off down an alleyway. Ms Wright said that minutes later, Smith re-appeared in the shop armed with "a sharp object. He stormed straight towards the first man and slashed him with the implement."
The police arrived as a fight continued outside the takeaway. When Smith refused to get into the back of the police van, he was restrained and lifted up. He kicked a female police officer in the face.
20th anniversary celebrations
The first victim said that he had been enjoying a night out with his wife and brother-in-law to celebrate his 20th wedding anniversary, and that his wife had been left "terrified" by the incident. He said that he had, "intervened to protect vulnerable females who this man was abusive to."
Smith pleaded guilty to assault occasioning actual bodily harm; the possession of a bladed article; and assaulting an emergency worker. He has 39 previous convictions for 89 offences, which include robbery, arson, battery, assaulting emergency workers, and stalking.
In mitigation, Penny Hall said that Smith has been in custody on remand since March. Ms Hall said that the first man had "grabbed him by his throat with both hands, and was still holding onto his neck whilst pushing out of the takeaway."
Ms Hall said if that had been the end of the incident, then the man could well be the one in the dock, instead of her client. But Judge Aisha Wadoodi disagreed.
Good Samaritan
The court watched CCTV from the takeaway and the judge said it was clear that the female staff were "in fear" of Smith and that the man who pushed Smith out had acted as a "Good Samaritan" by protecting the staff.
"He was clearly making a nuisance of himself," Judge Wadoodi said, "and worrying the women in the takeaway. It's not right to say the gentlemen were behaving improperly."
Smith, of Sun Street in Darlington, was jailed for 18 months.
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