'Ludicrous' air gun threat led to armed police response in Ushaw Moor

Durham Crown Court was told the victim was driving from a Co-op store on Broom Lane towards Ushaw Moor when his car was clipped by a Hyundai i20 car, shortly before 10pm on June 17 this year.

Jonathan Gittins, prosecuting, said the Hyundai, driven by a woman, failed to stop and so the aggrieved motorist, whose car had been hit, followed it, to berate the other driver.

The Hyundai came to a halt in Victoria Court, Ushaw Moor, where the following driver pulled up and shouted: "You've just hit my f***ing car".

(Image: Durham Constabulary) Mr Gittins said the victim took a picture of the female driver of the Hyundai, before getting back into his car and shouting: "Are you f***ing p***ed?"

The balaclava-clad Hyundai passenger, John Mason, then reached across making clear he was holding what appeared to be a pistol.

Mr Gittins said the complainant's partner just happened to drive past and witnessed part of the incident.

Due to a firearm having apparently been displayed, police were informed and officers went to a property in Victoria Court, where the defendant, John Mason, was seen exiting with an item in his hand.

Armed officers attended and the defendant was seen raising a silver-looking item in his hand.

Mr Gittins said an officer at the forefront raised his ballistics shield and shouted: "Gun" to his colleagues.

The defendant went back into the property and was seen in a conservatory window.

He was tasered and arrested but made what was described as, "a significant statement" stating that the other car had been following them.

Mr Gittins said the defendant told the officers multiple times that it was, "only a pellet gun."

The property, containing two children, was searched and a pistol was recovered, having been found hidden in an upstairs bedroom, described as a children's room, under a blanket in a basket.

When formally interviewed, the defendant made no comment to all police questions, but he explained he had mental health issues and he told them about the medication he needs.

A police ballistics expert said the weapon was identified as a replica Colt 1911 assault air weapon, which is classed as a firearm.

Mr Gittins said due to an historic rape conviction, for which the defendant received a six-year sentence, he was prohibited from possessing such a weapon.

The 38-year-old defendant, whose address was given as the Coast Road, Wallsend, appeared at the court via video link from HMP Leeds.

(Image: Durham Constabulary) He previously admitted two counts of possessing a firearm with intent to cause a fear of violence, relating to the civilian witness and the officer at the scene.

Mason also admitted possessing a firearm when he was a prohibited person.

Mr Gittins said the offences were aggravated by being committed in the presence of children, and due to the fact there was an attempt to conceal an air weapon for which a certificate was required.

Ian Cook, representing the defendant, said he has had long-standing issues with drugs and alcohol, which he has used as a "coping mechanism" for his "fragile" mental health status.

Mr Cook described it all as a "vicious circle", but the upshot was that the defendant was aware he would be receiving a prison sentence.

He said in the months since he has been in custody the defendant has worked with the prison drug and alcohol services, while also volunteering for regular drug testing, providing negative results each time.

Mr Cook added that the defendant has also been attending the prison gym as part of a fitness regime which has left him feeling healthier than he has for some time.

Judge Jo Kidd said according to the Durham Police armourer the replica air gun is an imitation air weapon.

She said there appeared to be no reference to any pellets having been found either in the gun or when his house was searched.

Judge Kidd told Mason: "I have no doubt you were significantly intoxicated, no doubt from a cocktail of substances."

Having read a background report prepared by the Probation Service, Judge Kidd said: "You seem to have  taken on the persona of some sort of rapper".

She said the defendant seemed to have tried to apparently, "emulate a gangster, with a rapper appearance, driving around with a balaclava and a firearm in your bag."

But she said as he was not in possession of ammunition the weapon could not have been used.

"It seems to me that it was in your possession entirely for show because you were enamoured with this gangster rap culture."

She said as he did not appear to have it to commit a robbery or intending to harm members of the public she considered his behaviour as, "ludicrous".

But she said he was lucky it did not give rise to further public disorder or provoke a greater response from firearms officers.

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Judge Kidd added that it was good to hear the defendant is starting to "get to grips" with his drug and alcohol issues while in prison.

She imposed a total sentence of 32 months' imprisonment of which the defendant will have to serve up to half before being eligible for release on licence.

The judge also ordered forfeiture and destruction of the recovered air pistol.