Morgan James Burrows, 24, and Michael Paul Scrimshaw, 38, were sentenced in the Magistrate’s Court yesterday, with Judge Gary Perry saying their behavior was “totally unacceptable”.
Prosecuting Advocate Jenny McVeigh told the Court that on the 6 June 2021, at around 2:15 in the morning, two police officers were patrolling Victoria Pier. One officer entered the toilets on the pier, whilst the other officer remained outside.
At this point, the officer outside observed three individuals approaching the covid testing tent, Burrows, Scrimshaw and a third party, and noted that the group were “noisy and agitated”.
The officer radioed for CCTV assistance shortly before Scrimshaw assumed a “fight position” with the third party.
Scrimshaw then threw a “haymaker punch” prompting the officer to radio for additional police units. The officer then ran towards the group, all three of whom were fighting.
Scrimshaw was on the ground with the third person in the group when Burrows was seen to kick Scrimshaw in the back. The officer grabbed Burrows and brought him to the floor in a controlled takedown.
Pictured: The incident occurred on Victoria Pier in the early hours of the morning.
Whilst on the ground, the officer received a blow to the side of his body. An attempt was made to arrest Burrows – who was pushing the officer down onto the ground.
Advocate McVeigh told Court that the officer grabbed Burrows arms and brought him down to the floor where the officer received “several blows to the chest and back”.
But she added that the officer was unaware of who delivered the attacks as he could not see on the ground.
The officer pressed the emergency button on his radio, but the battery had disconnected during the altercation and the message was not transmitted. However, additional officers were already on the way from the previous request.
The second officer originally on the pier exited the toilet and ran towards the fight shouting “stop”. Burrows and the third member of the group attempted to flee but were subsequently arrested.
Scrimshaw was then arrested too.
Advocate McVeigh said Burrows provided no comment in his police interview, whilst Scrimshaw claimed that he couldn’t remember much of the incident as he had consumed too much alcohol.
He added that he had no reason to be on the pier and claimed his initial “haymaker” punch did not make contact.
Burrows has no previous convictions, unlike Scrimshaw who has several notable marks on his record, including resisting arrest and assault.
Pictured: The pair were sentenced in the Magistrate’s Court.
Defending Burrows, Advocate Clare Tee said that her client “takes full responsibility for his place in the offence,” adding that it was a “one-off” for the defendant.
She said Burrows accepted he had kicked Scrimshaw and was apologetic to the police officer, saying there was a lack of clear recollection due to alcohol consumption.
Advocate Tee also said that Burrows recognised “no-one should be hurt doing their job”.
Representing Scrimshaw, Advocate Sarah Morgan said her client accepted the prosecution outline, his intoxication, and that police saw the initial punch – but added it was not clear if the punch connected.
Advocate Morgan claimed her client thought the “other two jumped him” and remembered being on the ground for most of the incident.
She said Scrimshaw remembers going to the pier, but added it was not clear why the group were there.
She acknowledged her client was “no stranger to the system” and that Scrimshaw is “old enough to know better… and not get into drunken fights in town”.
Pictured: The defendants were spared a custodial sentence by Judge Perry.
Judge Perry gave limited credit for the pair’s late guilty pleas but accepted the previous good character of Burrows.
He could not say the same of Scrimshaw, highlighting his numerous previous offences, but acknowledged his positive references and letters.
“A police officer’s duty is to come involved,” said Judge Perry.
He sentenced Burrows to 100 hours community service for his crimes. Scrimshaw was sentenced to 120 hours.
The pair were also ordered to pay £400 each in compensation to the police officer. Judge Perry reminded Scrimshaw that any breach of his community service order would result in a prison sentence.
