A SHOPLIFTER who twice spat at an Aldi store manager in a ‘deliberate assault’ has avoided jail.
As previously reported, Ashley Hymas, of Dawlish Crescent, Weymouth, entered the now-closed supermarket at Jubilee Retail Park with another man on Thursday, March 12.
Carrying multiple bags, the 31-year-old identified items to steal and put in the bags, Weymouth Magistrates’ Court heard in late November.
The two men, described as 'acting suspiciously', were observed on the store’s CCTV and then challenged at the checkouts by a staff member and later the store manager, Stuart Dalley.
Weymouth Magistrates Court heard how Hymas insisted he ‘wanted to be searched in private’ and got 'defensive and aggressive' before pushing Mr Dalley, who called for assistance.
Prosecuting, Harrison Willis said: “He then crouched down, punched him and spat in his face. The police arrived to arrest him. While police attempted to restrain him, he spat in Mr Dalley’s face again.”
Hymas admitted stealing items worth £98.82 at Aldi, but was found guilty of assault at Weymouth Magistrates’ Court.
Hymas, who failed to appear at court for his trial, was issued an arrest warrant to appear at Poole Magistrates’ Court for sentencing.
He was arrested and recently appeared at Poole Magistrates’ Court where he was sentenced for assault, theft of items from Aldi and failure to surrender to custody at Weymouth Magistrates’ Court.
Hymas was issued a 16-week prison sentence, suspended for 12 months, for the assault. He was also ordered to pay £150 in compensation and costs of £200.
For the charge of theft, he was issued an eight-week prison sentence, suspended for 12 months. He was also issued a four-week prison sentence, suspended for 12 months, for failing to surrender to custody at Weymouth Magistrates’ Court.
These suspended prison sentences were issued concurrently, meaning Hymas has an overall prison sentence of 16 weeks, suspended for 12 months.
Store manager Stuart Dalley recalled how Hymas got aggressive when he was repeatedly challenged for his bags to be searched.
Hymas initially put his bags on the register but failed to unload them. This is when he attempted to flee the supermarket and assaulted Mr Dalley.
Mr Dalley said: “I believe I put my arm out to say police need to deal with this and I prevented him leaving.
“He became very aggressive and went up to my face and made threats, saying ‘he would do me’ and that ‘I needed to be careful’.
“I was obviously nervous and frightened. I pushed him to get out of the way. He was way too close and I also shouted for my assistant manager to come over for strength in numbers.
“I put some distance between us, he swung his arms which hit my stomach but he did not catch me with any true force.
“At which point, he spat directly into my face between the eyes. I was enraged, to be honest.
“I then decided to detain the gentlemen to ensure he did not assault any customers.
“I took him to the ground with a tackle and almost immediately, the police arrived.”
CCTV footage shown in court showed Hymas and Mr Dalley squaring off before Mr Dalley tackled him to the ground and police officers running into the store.
PS Ben Dawes and PC Lorna Hides both detained Hymas after he was tackled by Mr Dalley. Hymas spat at Mr Dalley again while he was being detained by officers.
Magistrate Karen Spooner said that while the CCTV footage did not show the two times Hymas spat at Mr Dalley, it was clear he carried out a 'deliberate assault' on the store manager.
She said: “It was clear the defendant hit out at the victim, but said it was only a glancing blow.
“We believe this was a deliberate assault and therefore Mr Hymas is guilty of this assault.”
Got a story to share or something for me to investigate? Email me at michael.taylor@newsquest.co.uk.
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