A Penrith man armed with a BB gun who made a drunken threat to burn down a town kebab shop — if a previous police complaint was not dropped — has been jailed by a judge.
Blake Stuart, aged 32, was initially involved in an incident at MyKebab, Middlegate, on January 1 this year when his card was declined as he collected food. It was alleged Stuart had delivered a racial verbal slur to an employee.
Stuart was arrested and interviewed in relation to that incident, before being bailed with a condition not to attend the shop.
But Carlisle Crown Court heard Stuart did go back, at 8-30pm on 12th April, having been drinking since 7am.
Police were called to the premises amid reports that an unknown male — Stuart — had threatened a shop worker, who believed the offender had produced a firearm.
Stuart was identified from CCTV footage which showed him, said prosecutor Tim Evans, “reaching inside of his gilet pocket, pulling out what appeared to be a gun”.
Sound on the footage caught Stuart saying: “We’re not lying so you drop them charges. You drop them charges. Two weeks time. If they’re not dropped, the gang’s coming up. This spot will be burned down. End of story.”
After Stuart was arrested, his home was searched by police who found a black BB gun and a black gilet matching that seen on the footage. In interview, he accepted attending the shop and asking for charges to be dropped but denied firearm possession and threats.
However, when later brought to court, Stuart admitted three offences: possessing an imitation firearm with intent to cause fear of violence; attempted intimidation; and threatening to destroy or damage property.
In an impact statement, the shop worker had said: “I cannot stand any panicking situation. My hands and feet were trembling during the incident with that man. I was very scared and I didn’t know what to do.”
He had not slept properly and took two weeks off work in the aftermath. “However, I still cannot forget about this incident, I am very worried,” he stated.
Stuart, latterly of Stricklandgate, Penrith, was said by his lawyer, John Crawford, to realise the severity — and “stupidity” — of the offending.
Stuart’s previous crimes had not been of such a serious level, said Mr Crawford, who added: “This is somewhat out of character to how he has been.”
Judge Michael Fanning imposed an immediate 22-month jail term.
“You will appreciate there is a lot of gun crime in this country and a lot of knife crime,” Judge Fanning said to Stuart. “People are scared when weapons are mentioned. They are even more scared when weapons are produced.
“We cannot have a society in which people think they can walk about waving guns in people’s faces and threatening serious harm unless they change the course of a complaint previously made.”
Stuart was banned from visiting — and loitering outside — the kebab shop; and contacting staff, for three years.
