A LATE night verbal confrontation in a takeaway was followed by a racist attack outside the premises.
David William Egglestone, who made a comment to an assistant in the takeaway in Stanhope, in Weardale, County Durham, late on August 3 last year, then followed the Asian man from the premises and grabbed him by the throat in a car parked nearby.
Durham Crown Court heard that as Egglestone placed his hands round the man’s neck, he repeatedly called him, “a black ****.”
Egglestone ended the attack and left, with the assistant complaining of injuries to his neck.
Miss Mitford said the victim told police he was apprehensive being in the village in case he bumped into Egglestone.
When arrested, Egglestone, of Butts Crescent, Stanhope, made denials, but, at a recent hearing, admitted a charge of racially aggravated assault, claiming that the attack was limited to what took place in the car.
Miss Mitford told yesterday’s sentencing hearing that the guilty plea was also on the basis that Egglestone was not racist, although he admitted calling the assistant, “a black ****”.
Stephen Thornton, mitigating, told the court: “He’s perfectly capable of leading a law-abiding life, but there is just this alcohol- related blip.”
He presented testimonial references about Egglestone, who also sent an apologetic note to the court. Mr Thornton said the 37-year-old father-oftwo had also apologised in person to the assistant.
“His letter does indicate the remorse he has shown and how out of character this incident was.”
He added that Egglestone begins work as a labourer with a steel erection company on Tuesday.
Recorder Christopher Williams said his remorse, apologies and the fact Egglestone starts work next week enabled him to avoid imposing an immediate prison sentence.
He passed a 51-week prison sentence, suspended for 18 months, during which Egglestone must undergo probation supervision, and carry out 80 hours’ unpaid work.
He must also pay the assistant £500 compensation and £722 prosecution costs.
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