A WOMAN who pointed a gun at a police officer during a dispute with her landlord said she would not have pulled the trigger. Maria da Silva of 3, Havilland Street, St Peter Port, appeared in the Magistrate’s Court after she had brandished an air rifle at PC Robert Dover while she was being evicted from her flat.
The 38-year-old, who had already spent 10 days in custody, admitted assaulting PC Dover, resisting arrest and skipping a bail hearing in June.
She was given a 28-day sentence for each offence, to run concurrently, but suspended for two years.
Police were called to the defendant’s flat by her landlord on Sunday 27 May at 9.10pm after she refused to vacate the premises, the court heard.
When the officer arrived at Fairmead, de Beauvoir, St Peter Port, both were standing in the doorway.
PC Dover, who could smell alcohol on the defendant’s breath, followed them inside.
As he entered, he heard the landlord say, ‘Put that down’, and saw da Silva holding the gun. The butt was tucked into her shoulder with the barrel pointing towards him.
Fearing for his safety, PC Dover ran outside and peered through the window. Seeing that the defendant was then holding the butt in both hands, he ran back in and wrestled her to the ground.
In the ensuing struggle some items fell out of his utility belt and he could not control her and called for back-up.
Da Silva was arrested and while being interviewed, the defendant told police she had wanted to attract someone’s attention and was not going to fire.
She admitted not checking whether the gun - which was empty - had been loaded.
Advocate Chris Green, defending, said da Silva had not deliberately aimed the weapon at the police officer.
‘She accepts she did foolishly point it towards the officer when he was so near,’ he said.
‘No injury was caused and the act was a rather impulsive action as the defendant was feeling upset and vulnerable.’
Advocate Green said she had been asked to leave the flat in an unjust way and without proper notice given.
And he said da Silva had become upset because she thought the police had turned up to arrest another man, who she claims viciously assaulted him.
Da Silva had ongoing mental health issues, he said, and a clean record apart from a drink-driving conviction in 2005.
In sentencing, assistant- Magistrate Philip Robey said assaulting a police officer was a serious offence but he did not deem it appropriate to impose a further period of imprisonment.
‘This court has a duty to send out a message that anyone who points a dangerous weapon in the direction of a police officer, even an unloaded air rifle, must expect a prison sentence,’ he said.
‘The equivalent of a short prison sentence has already been served.
‘Had it not, without doubt you would have been sent straight to prison.
‘I note this was a particularly stressful period of your life.
‘I hope and believe these offences are not likely to be repeated.’
Article posted on 1st August, 2007 - 12.00am
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