Three men who fought with police and threatened to "kick the f****** dogs" in an altercation at the Mariners Hotel learned their fates in Batemans Bay Local Court this week.
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On Monday, September 30, Cameron Joel Thomson, 25, of Batemans Bay, Tyron Leslie Hood, 24, of Mogo, and Shaun Wellington, 29, of Batemans Bay, faced Magistrate Mark Douglass on various charges relating to the September 25 incident.
Thomson was given a 13-month prison sentence, with a three-month non-parole period, after pleading guilty to assault with intent to resist/prevent apprehension, possessing housebreaking implements, taking and driving a vehicle without consent of the owner, and driving while disqualified.
Wellington was given a 12-month intensive corrections order after pleading guilty to intimidating a police officer and possessing housebreaking implements.
Hood was given a nine-month intensive corrections order after pleading guilty to intimidating a police officer.
Police said plain-clothed officers attended the Mariners Hotel around 3.30pm on information that Thomson was at the location. He was wanted on a revocation of parole warrant.
Police found the three men standing in front of a poker machine, at which time Hood yelled "look it's the cops, run".
They told Thomson he was under arrest, and took hold of his arms to place them behind his back.
Thomson immediately tensed his arms, and began thrashing his body and torso around violently to resist arrest.
He wrestled with police for approximately five minutes before they were able to arrest him.
During the wrestle, police said Hood and Wellington approached police while tensing their bodies and pointing at them.
Wellington allegedly looked at an officer and said "you f****** dog, you need a boot in the head". Hood allegedly said "we should kick these f****** dogs".
Police told the two men to back away, but they refused and yelled further abuse.
Police later searched Thomson, and found a bag of cable ties and a key to a motor vehicle.
They also removed a 25-centimetre 'Toolpro' screwdriver from Thomson's left pocket out of fear it would be used to harm them during the wrestle.
Thomson told police he was homeless, and the screwdriver was used to break into toilets and other forms of shelter.
He told police he had found the key on the ground, but police later discovered the key matched a vehicle that was reported as stolen from Clyde Street, Batemans Bay, earlier that day.
Police later found the vehicle in the Soldiers Club car park, where they found papers on the back seat in Thomson's name.
Wellington was also searched, and police found two Allen keys, a Swiss army knife, and a lock-picking device in his backpack.
Thomson's lawyer, Dr Keely Boom, said her client "didn't understand what he was being arrested for" and he was "triggered when police touched him".
She said her client was "very remorseful, and accepts full responsibility for his actions".
Ms Boom acknowledged her client had "overreacted", but said a troublesome childhood explained his response.
"His stepfather was abusive, and he suffered significant trauma from that treatment," she said. "The reaction was a trigger from his abuse as a child."
Magistrate Douglass acknowledged Ms Boom's submissions, but said jail was needed as a deterrent. He said the car theft charges were particularly serious.
"Each offence is serious, and carries prison time at a maximum," he said. "I need to not only deter this offender, but others like him.
"Take and drive charges annoy members of the community. They work hard for their possessions."
Wellington's lawyer John Edmunds said his client had a "dislike of the police due to past issues". He said alcohol wasn't a factor, but his client seemed to "arc up and go along with the crowd".
Magistrate Douglass said it wasn't the most serious scenario, but was still unacceptable behaviour.
"It causes a loss of confidence in the public," he said. "They see people do this to police, and it causes them to be very worried."
Meanwhile, Magistrate Douglass acknowledged Hood's long history with police, but noted the fact he'd never had a similar charge on his record. He also acknowledged Hood's willingness to admit his mistakes.
"There's been no blaming of police or other people," he said. "He's admitted to doing the wrong thing."
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