An unprovoked attack in Kirriemuir has left a man with a fractured neck, paralysed and dependent on a modified powered wheelchair.
Steven McIntosh, 42, struck John Garvin to the ground on Bank Street after previously reporting his victim to police over a matter relating to his own teenage daughter.
Mr Garvin lost consciousness on impact and fractured his neck.
He spent time in the national spinal injuries unit in Glasgow and required a breathing tube for six weeks.
Now paralysed and using a modified hand-control powered wheelchair, Mr Garvin is reliant on others for personal care and domestic chores.
At Forfar Sheriff Court, first offender McIntosh admitted the 2022 life-endangering assault and will be sentenced next month after reports are prepared.
Daughter dispute
Fiscal depute Sarah Wilkinson told the court McIntosh and Mr Garvin were known to each other prior to the incident.
She said: “The accused had reported the complainer to police in relation to matters involving the accused’s 17-year-old daughter.
“These were investigated by police and no criminality was established.”
Ms Wilkinson explained McIntosh and his partner had been drinking in a pub in Kirriemuir.
They left at around 11.30pm and saw Mr Garvin.
McIntosh crossed the road to speak to him. Mr Garvin kept his hands in his pockets.
After pushing and punching Mr Garvin, he fell backwards onto the pavement, cracking his head as he landed, losing consciousness.
When police attended, they noted McIntosh was genuinely remorseful and concerned.
He said: “He swung for me so I hit him.”
‘High risk of mortality’
Mr Garvin was taken by ambulance to hospital and admitted to the neuro high dependency unity.
He was later admitted to the national spinal injuries unit at Queen Elizabeth Hospital in Glasgow.
There, injuries to the back of his head and a neck fracture from the fall were confirmed.
Mr Garvin was paralysed, predominantly in his limbs and his condition fluctuated after an operation so he was re-admitted to intensive care less than a week after the attack.
Doctors explained patients in Mr Garvin’s condition have a high risk of mortality.
Mr Garvin had suffered renal failure, respiratory failure and despite having the maximum supply, his oxygen levels failed to improve.
He needed a breathing tube to be inserted for six weeks so had to be fed through a tube.
Mr Garvin is now a full-time wheelchair user and requires to be hoisted to and from it.
He is fully dependent on others for personal care and domestic tasks.
He experiences cognitive difficulties including issues with memory, attention and verbal function, and struggles with learning new faces.
By the time he was discharged from hospital, Mr Garvin had recovered enough to sit in his wheelchair but was unable to propel himself.
He requires the use of a powered wheelchair with modified hand control.
“More personal matters” were disclosed within a victim impact statement which was presented to Sheriff Krista Johnston.
Tragic consequences
McIntosh, of Henry Street in Kirriemuir, pled guilty to assaulting Mr Garvin on April 29 2022.
He admitted an amended charge of attempting to strike him on the body and punching him on the head, causing him to fall backwards and strike his head on the concrete pavement.
McIntosh admitted the Bank Street attack left his victim unconscious, “severely” injured and permanently impaired and put Mr Garvin’s life in danger.
Sheriff Johnston said: “It’s obviously a very serious matter that’s had absolutely tragic consequences for the victim.
“The court can’t sentence you without having first obtained a background report.”
McIntosh was bailed and will return to the dock on February 29.
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