Waterproofing worker who urinated in police cell may have been sleep-walking

A waterproofing worker who urinated in a police cell during an “appalling” course of behaviour may have been sleep-walking, a court heard.

Kieran Marshall, from Crieff, was fined £2,000 after pleading guilty to behaving in a threatening or abusive manner at Lerwick Sheriff Court today (Wednesday).

The court heard Marshall, who turns 33 tomorrow, had been drinking in the Douglas Arms in Commercial Road on 17th November when he became “rowdy” and was refused re-entry.

Procurator fiscal Duncan MacKenzie said the accused “was not happy” and began pushing and pulling the door to get inside.

After the landlady called the police, officers arrived to find Marshall using “some force” on the door handle.

The officers tried to move him away at which point the fiscal said the accused “became instantly aggressive” and started shouting and swearing.

The court heard the accused resisted being placed in handcuffs but was eventually placed in the back of the police van, where he continued to struggle

While one of the officers was taking a statement from the landlady, Marshall was in the back of the van, shouting, kicking and butting the interior.

He was then taken to the police station where Mr MacKenzie said his behaviour continued.

Throughout the short journey, the fiscal said Marhsall was shouting, swearing and threatening violence, as well as head butting the van.

Mr MacKenzie said the accused also spat and urinated in the van.

With his behaviour continued in the police station, officers had to put him in a spit hood.

Again he struggled, threatened violence and made offensive comments.

Despite there being a toilet in his police cell, Mr MacKenzie said Marshall instead chose to urinate on the floor.

Defence agent Tommy Allan acknowledged his client had previous convictions but said he had since settled down, had a good job doing structural repairs and waterproofing and a family with two young children

Mr Allan said his client’s behaviour was “very out of character” andhe was “very ashamed”.

He said it was the first time Marshall had been away from his children and he rarely drank alcohol.

Mr Allan said his client recognised his actions in the police van were “disgusting” but suggested he may have been sleep-walking in the cell.

The defence agent said his client would be able to pay a financial penalty and recognised this would be “significant” given the nature of the offence.

Sheriff Ian Cruickshank said the “gravity of the offence would be marked by the level of the fine”.

He said it would also demonstrate the court’s “disapproval of individuals who act towards police officers in this manner”.

He fined Marshall £2,000 plus a £75 victim surcharge.


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