Dunfermline friends struggled violently with police

Kevin Feeney and Scott Kerwin took offence when they were accused of shouting, swearing and banging on doors in a block of flats. 

Kevin Feeney, 30, of Abel Place, appeared at Dunfermline Sheriff Court alongside co-accused Scott Kerwin, 29, of Linburn Grove. 

They both previously admitted that on February 23, at Abel Place, they behaved in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm in that they did shout, swear, bang doors and walls there, act in an aggressive manner towards police officers and struggle violently with officers. 

Feeney also previously admitted that he assaulted a constable then in the execution of his duty and seized him on the body, pushed him on the body and lashed out with his body, committing this offence while on bail. 

Depute fiscal Jade Doig said at about 9.50pm, a neighbour in the same block of flats became aware of shouting and swearing. 

Kerwin was trying to calm Feeney down. 

The pair went into the entrance of the block of flats and banged on doors as they made their way back to the flat. 

Feeney was heard shouting: "F***ing sick of this, going to go f***ing mental". The neighbour contacted the police, who had already been instructed to attend, shortly before midnight. 

Officers shouted through the letterbox and the pair initially argued that they would not open the door. 
Kerwin was heard saying: "Tell them to f*** off and don't let them in". 

Feeney eventually opened the door and then closed it behind the police, who observed that alcohol had been consumed by the friends. 

The officers spoke to them in the living room but they became hostile. 

One PC had to step back and tell Feeney to stay back when he attempted to take hold of his wrists and arms and Kerwin was also being increasingly hostile, so officers requested assistance. 

When they started doing checks on the pair they started to leave and put jackets on. 

Feeney told the police to get out of his flat but they were advised to stay while their identity checks had been confirmed. 

They then tried to push past and Feeney put his hands on one officer and physically tried to push him out of the way. 

A struggle then began between all parties which saw a TV kicked over. 

Both were told they were under arrest while other officers arrived. 

Kerwin managed to get himself up off a couch which he had been placed on so officers could carry out the arrest, and a violent struggle ensued between himself and another PC. 

Police back-up then arrived and forced open the door to help get the situation under control.

When cautioned and charged Kerwin replied: "Sorry bud", while Feeney said: "I never grabbed you."

Defence solicitor Alexander Flett, for Feeney, said: "He resides at the locus but he is currently in custody for another matter. 

"He has previous convictions but has never served a custodial sentence and has no convictions before for assault on police. 

"There is an issue with a woman on the same street.

"His position is that he did not do anything outside. 

"He was fairly upset that he was being accused of something that he had not done. He regrets his behaviour."

Defence solicitor Stephen Morrison, for Kerwin, said: "He has no previous convictions.

"He continues to feel aggrieved and this seems to be blown out because he was injured in the incident but he was the owner of his own misfortune and he has apologised before the court. 

"He feels disappointed with himself getting to 29-years-old with mental health issues and not having any convictions. 

"He is from a pro-social family but he does seem to be socially isolated apart from his friendship with the co-accused."

Sheriff James McDonald said that the pair had to be sentenced entirely differently despite the fact that they worked together in relation to this matter. 
He sentenced Feeney to four months in jail and Kerwin was placed on a community payback order with six months' supervision.