A MAN who chased his stepson with an ornamental double-edged axe escaped a jail sentence yesterday - after the police spoke out in his defence.
Plumber and tiler David Smith ran after 18-year-old Christopher Dewdney for 300 yards while wielding the axe after an argument at home.
Smith, 45, from Long Marston, near York, pleaded guilty to threatening behaviour and possession of an offensive weapon, when he appeared before magistrates in Harrogate yesterday.
But the court was read a fax from the police which said: "It is an injustice David Smith is facing these charges.
"Dewdney is no angel and has provoked Smith over a long period of time while hiding behind his mother."
Smith's lawyer Andrew Tinning also handed the court references from a parish councillor, an Army major, a prison officer and a project manager with Network Rail, which described Smith, who had no previous convictions, as a pillar of the community.
Court chairman Brian Pattyson told Smith running around with an axe was an offence for which custody was normally considered. But because of his good character, the references and the police comments it was decided to take "the very unusual step of coming back from that to a financial penalty".
Smith was fined £300 with £70 costs and conditionally discharged for a year.
Mark Haigh, prosecuting, had told the court that Smith chased Dewdney with the axe for 300 yards and the teenager had been put in fear of his life when the weapon was used to smash a pane of glass in a door.
He was arrested later in a pub and told officers he had felt threatened when he picked up the axe. He said he had been extremely angry but had not intended to hit his stepson, despite long-term provocation.
Mr Tinning told the court Smith and his wife were getting divorced after five years of marriage beset with problems for Smith because of his stepson.
He said the teenager had become embroiled in drugs and alcohol and had been threatening and abusive and generally indulged in anti-social behaviour, in Long Marston.
Police visited the family home in January, March and May this year following complaints about the stepson.
After a further incident in July, he had been given a harassment warning.
Last night a police spokesman told The Northern Echo: "Every case is considered on its merits and, even if investigating officers have sympathies with defendants, under the rule of law we can't have people running through the streets brandishing weapons like an axe."
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