A MAN involved in a domestic argument turned his anger on an innocent passer-by, a court heard.
Bricks and racial abuse were hurled at the pedestrian, who was passing a house in Greenbank Road, Darlington, as Barry Waters was arguing with his partner, in February.
Durham Crown Court heard that the victim, a chef of Afro-Caribbean background, suffered a chipped elbow, which still causes problems, after being struck by a brick thrown by Waters.
Sam Faulks, prosecuting, said Waters was parting company with his partner and furniture appeared to have been thrown from the house into the garden.
Mr Faulks said the innocent pedestrian approached from Bondgate and glanced over to view the ongoing commotion.
Waters asked what he was looking at and made an offensive racial remark. Although the passer-by attempted to carry on, a brick landed near him.
Mr Faulks said the tirade continued and a second brick thrown by Waters struck him on the elbow, leaving him in "considerable pain".
Although he tried to respond by throwing beer bottles back, both Waters and his former partner fled.
He was arrested weeks later and, in interview, claimed he was attacked first.
Waters, 25, admitted racially aggravated assault causing actual bodily harm.
The court heard that while on bail Waters carried out a burglary and threatened a witness, for which he received a three-and-a-half-year jail sentence at Teesside Crown Court in July.
Jim Withyman, mitigating, said Waters and his girlfriend were in the process of breaking up and he was, "in an angry, agitated mood".
"Matters of the heart really did get to him that day, but it was not an offence he went looking to commit. He simply transferred his anger to this man as he walked by," he said.
Adding four months to his prison sentence, Judge Beatrice Bolton told Waters it was, "a hugely offensive, vile reaction".
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