A trip to the Mobil service station for a pie and a drink has proven to be more costly for a 23-year-old Cowra man who has received fines totaling $400 after he pleaded guilty at Cowra Local Court on Wednesday, February 22.
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Dylan Richard Beer of Newcombe Street was before the court on charges of resisting an officer in execution of duty and refusing to comply with an officer’s direction.
According to police facts around 2.15am on Sunday, January 1, police observed a car stopped in the middle of the road outside the Imperial Hotel, police spoke to the driver and to Beer who seemed well affected by liquor before letting the car go.
Police were then informed by the driver of another vehicle stopped for a Random Breath Test that Beer had jumped into the vehicle.
A short time later police observed Beer exit the rear of a vehicle at the Mobil service station and start sparring with other members of the public.
Police spoke to Beer informing him to leave the area immediately as he was intoxicated and his behaviour deem disorderly.
Beer refused to leave, demanding examples of his disorderly behaviour.
If you're going to pick a fight with a cop you're not going to win.
- Magistrate Peter Dare
Beer was again ordered to leave, however he refused saying, “You’re always picking on me. No I’m not going”.
When it was clear he wasn’t going to leave, Beer was placed under arrest and taken to the rear of a caged police vehicle, again accusing police of picking on him.
Fearing a confrontation and seeing Beer tense up police officers took the precaution of taking out their Oleoresin Capsicum (OC) Spray.
At the rear of the caged vehicle Beer could not be reasoned with and refused to be lifted into the vehicle.
When he attempted to break free of police Beer received a one second spray of the OC spray to the face.
Beer was then taken into custody at the Cowra Police station where he was decontaminated by NSW Ambulance officers.
Beer apologized to officers after being released.
Beer’s solicitor Clive Hill said Beer admitted he was fairly well intoxicated and that his behaviour was unacceptable and that Beer, “...works hard but also plays hard”.
In sentencing Beer Magistrate Peter Dare said that if Beer was to pick a fight with a cop he would never win and that his mother must be upset with him.
