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Man who threatened to kill cop released on bail

Tuesday, 20th May, 2014

A drunk man who broke into his father’s house, smashed windows and threatened police when they arrived to investigate has been released on bail.

Andrew Lee Dart (33) was shot in the face with pepper spray by police when he threatened them outside the house in Brazil Street early Sunday morning. 

After being arrested, he also told two female officers that he would kill them and spat on the CCTV camera in his cell.

Dart faced the Local Court yesterday morning via video link from the jail with a black eye and a bandage on his forehead.

He pleaded guilty to breaking and entering, malicious damage and three counts of intimidating police.

According to police, his father was not home when he went to his house about 4.30am and made threats to bash him. 

He then kicked in the back door, broke a cupboard and used parts of it to smash windows in the kitchen, laundry and loungeroom, causing $5000 damage, police stated.

He was caught by police as he was leaving the house, refused several requests to stop and “shaped up” to police who shot then him in the face with the pepper spray.

His lawyer, Paul Walton, told the court that while his client had a long criminal record that included assaulting police and breaching bail, he had stayed out of trouble for the past four years.

Sunday morning’s incident was the result of an “alcohol-fuelled night” and Dart had told him that he accepted that he needed help for his drinking problem, Mr Walton said.

Dart was also a local man with strong family ties to the city and a fixed address, he said, so it was unlikely that he would abscond if freed on bail, he said.

Police opposed bail on the grounds of the serious threats made to the female officers but magistrate Geoff Dunlevy said that although Dart was facing jail for the offences, he would grant bail on strict conditions.

These included reporting to BH police once a week and an order to stop drinking alcohol.

Mr Dunlevy also granted two apprehended violence orders against him on behalf of his father and one of the female police officers.

Dart will face court again on June 10.

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