A MAN from Rhyl has been jailed after a “completely out of control” attack on his ex-partner and for inflicting homophobic abuse on a police officer.
David Martin, 33, of Bodfor Street, was sentenced to 11 months’ imprisonment at Mold Crown Court today (April 13).
He had also caused criminal damage to two televisions and a car.
Prosecuting, Jade Tufail told the court that, on December 24, 2022, Martin was at the home of his then-partner, Christopher Agar-Leigh, on Bryntirion Avenue, when he accused him of infidelity.
Martin then began punching Mr Agar-Leigh repeatedly, as well as biting him on his face.
Mr Agar-Leigh told Martin to leave his home, but he followed and attacked him instead.
He left his own property to escape Martin, and told his neighbours about what happened.
Martin, meanwhile, locked himself inside Mr Agar-Leigh’s home, and was said to have “smashed” and “banged” his possessions.
Police attended and gained access to the property, but Martin was not found inside.
When Mr Agar-Leigh returned to his home, he found that two of his televisions had been “smashed”.
After police left his home, Martin later returned through the front door, asking Mr Agar-Leigh for a hug, which he refused.
The pair began to argue about the Christmas presents they had exchanged, with Martin telling Mr Agar-Leigh that he wanted him to return to him the gift he had bought him.
He then “pinned down” and “attacked” Mr Agar-Leigh again.
Mr Agar-Leigh said he later heard “glass smashing” outside, which was the sound of Martin damaging a Kia Sportage vehicle belonging to another Bryntirion Avenue resident, Sue James.
In a victim statement, Mrs James said her disabled husband relied on the car to attend hospital appointments, and as this happened on Christmas Eve, the damage could not be fixed quickly.
She added that she was “apprehensive” about Martin returning to Bryntirion Avenue, not least because young children also live at her home.
Mr Agar-Leigh said he was “very upset and shaken up” immediately after the incident, and felt “degraded” by the behaviour of Martin, a man he “was and still is” afraid of.
Martin was arrested near the Pavilion Theatre in Rhyl that night, but once detained by two officers, he actively resisted them.
He told one of them: “get off me, you bald n****”, and shouted that both officers were “n****s” and “f*****s”.
Police Sergeant Michael Robinson was repeatedly told by Martin: “Get off me, you f*****”.
PS Robinson told Martin that he was indeed a gay man, in the hope that it would deter him from using the “abhorrent” homophobic slur further.
When interviewed, Martin said he could not remember some of the events of the night in question.
He had 15 previous convictions for 26 offences, including assaults to two other former partners of his.
Defending, Simon Rogers conceded that this was a “deeply unpleasant” case, and that Martin has a “poor record”.
Mr Rogers said his client is “appalled by his actions, and at a loss to explain why he behaved in the way he did”, and that "misuse of alcohol" played a part in his behaviour.
Martin was said to have been diagnosed with of emotionally unstable personality disorder, and complex post-traumatic stress disorder.
He was said to have “moved on” from the incident, and has found a new partner, who attended court to support him.
Mr Rogers invited the court to impose a suspended sentence, saying that Martin has a realistic prospect of rehabilitation.
“A prison sentence will punish him, but will perhaps achieve very little else,” he said.
Sentencing, Recorder Simon Mills deemed Martin’s offences too severe for immediate custody to be avoided.
Martin, who Recorder Mills described as “completely out of control”, must also pay a statutory surcharge.
Recorder Mills told him: “It should have been a happy and convivial time between yourself and your then-partner.
“He (PS Robinson) told you, for the first time in his career, of his sexual orientation, but you continued to abuse him.
“As a gay man yourself, you should be profoundly aware of the harm and distress caused by your conduct. You should have known not to do it.
“I accept that, in many ways, you are a vulnerable person; I accept that you regret what you did, and that you have demonstrated remorse.
“But the seriousness of this offence, in combination with your past record, and your past failure with previous orders, means this is a case which can only be dealt with by immediate imprisonment.”
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