Community service for baseball bat road rage

Wednesday 21 November 2018

A van driver who got out in the middle of traffic to threaten another motorist with a baseball bat has been sentenced to community service.

Jose Manuel Lima (45) appeared in the Magistrate’s Court yesterday to be sentenced for possession of an offensive weapon and grave and criminal assault.

The court heard that the altercation happened on 21 September at around 17:55, when Lima stopped his van at the traffic lights. Provoked by something said by another driver, Lima then got out of his van and “looked back over the line of traffic” towards the other motorist who was said to be “leaning out” of their car window.

Lima was then reported to have returned to his vehicle to retrieve a baseball bat. The court was told that he "walked down the line of traffic, waving [it]." The two men then had what was described as a “face-to-face confrontation” in the road, during which Lima “threatened” the other driver with the bat, telling him: “If you call me names again, I’ll make sure I break your teeth.”

Pictured: The "confrontation" took place at the traffic lights opposite the Kitty O'Shea pub on the Parade (Google Maps).

Lima’s wife then got out of the van to break up the argument between the pair.

Shortly after the incident, the Police appealed for witnesses to come forward with more information about the heated exchange.

Assistant Magistrate Peter Harris, presiding, heard that there were many witnesses due to “pedestrians walking past and stopping to watch” the argument. One of the witnesses described Lima as “brandishing the baseball bat and acting in an aggressive manner.”

Even though Lima didn’t use the bat or inflict any injury on the victim, he was convicted of grave and criminal assault due to the use of an offensive weapon.

Pictured: Jose Manuel Lima was sentenced to community service in the Magistrate's Court yesterday.

Having pleaded guilty to both charges, he appeared in court yesterday for sentencing. Representing himself with the help of an interpreter, he explained that he uses the bat for work, which was why he had it in his van. His interpreter told the Assistant Magistrate that “he knows he’s made a mistake”, as well as offering his apologies for his behaviour.

Having listened to both sides of the case, Assistant Magistrate Harris handed down a sentence of 100 hours community service, which is the equivalent of four months in prison. 

Addressing Lima, the Assistant Magistrate warned: “The matter concludes today, therefore the bat can be returned to you, [but] do not ever be tempted again to use it for anything other than work purposes or obviously if you’re using it for sports.

“If you bring it out in public in this sort of manner then you’ll find yourself in prison."