Spray subdues man kicking police car
CAPSICUM spray had to be used on Damian John Sarich to stop him kicking in the window of a police car, a court has heard.
Sarich appeared in the Hervey Bay Magistrates Court where he pleaded guilty to 10 charges, including failing to provide a breath specimen, drink-driving, obstructing police and possession of dangerous drugs.
On October 3, the 25-year-old was picked up for an RBT but became aggressive after police discovered six grams of cannabis in his pants pocket, prosecutor Jeanette Grigoris said.
When placed in the police car, he began “kicking at the rear passenger side window causing it to flex out,” Senior Constable Grigoris said.
After several warnings, police used capsicum spray on Sarich, which calmed him down and stopped him kicking the window.
He was taken back to the Hervey Bay police station but refused a number of requests to provide a breath sample and was charged for the offence.
Just days later, on October 9, Sarich was picked up for drink-driving and unlicensed driving.
Police received a number of calls from people who had seen his car travelling erratically along Boat Harbour Drive.
At the intersection of Hunter Street, the car was seen to hit a kerb, causing “smoke and loud noises” to come from the wheel.
Further down the road, the car mounted two more kerbs before Sarich was stopped.
He blew 0.126 per cent.
Defence solicitor Michael Riedel said Sarich was suffering from depression and was on prescription medication. He had also stopped drinking alcohol.
Magistrate Tom Killeen told Sarich that “10 charges in a short period of time is very serious offending” and placed him on 18 months probation.
Sarich was also disqualified from driving for 18 months and ordered to surrender the drugs property.