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‘Dancing’ attacker had to be restrained with CS spray

‘Dancing’ attacker had to be restrained with CS spray

A 32-year-old man who threatened a terrified woman in her car before punching a betting shop worker had to be sprayed with tear gas by police, a court has heard.

Andrew Tosh danced around a police officer who tried to restrain him after fleeing the bookmakers, just minutes after subjecting the car driver to the ordeal in the city’s Hilltown.

Dundee Sheriff Court heard council employee Jacqueline Spence (53) had been driving in the Hilltown and had stopped at lights when she was aware of her passenger door being opened.

She had looked round and saw Tosh sitting in the car pointing his fingers at her in the shape of a gun.

Fiscal depute Nicola Gillespie told the court: “The accused then said: ‘This is a hold-up, take me to somewhere beginning with T’. His voice was slurred and the complainer thought he was under the influence of drugs or alcohol.

“The driver was terrified and told the accused to get out.”

Tosh had refused and repeated his demand, causing an “alarmed” Ms Spence to start sounding her car’s horn to attract the attention of other motorists.

Tosh then left the car and started walking towards the traffic behind him.

A panicked Ms Spence shouted to other drivers to lock their doors, at which point Tosh turned round and swore at her. He then returned to Ms Spence’s car and kicked the driver window and wing mirror.

Tosh was then seen 10 minutes later at a nearby bookmakers, where he took pens and betting slips and put them on the ground.

He was asked to leave by staff member Stephanie Mitchell, but walked towards her with a pen in his hand, leading her and a colleague to think he was going to stab her.

Ms Gillespie said: “The accused then punched her on the shoulder and she ran behind the counter and broke down in tears while asking her colleague to push the panic button.”

The court heard police arrived and Constable David Sinclair approached Tosh. He swung at the officer and missed before starting to dance around PC Sinclair, laughing.

PC Sinclair held up CS spray and told Tosh to move back, but he tried to punch the officer. PC Sinclair sprayed Tosh in the face with the CS gas.

Tosh had hit the officer in the face and thrown a mobile phone at him before he was restrained.

Andrew Lyall, defending, said his client was “aghast” but could not remember the incident in the car or betting shop.

Mr Lyall said: “He is conscious that he has caused distress.”

Tosh, of Stirling Street, admitted entering a car driven by Ms Spence and demanding she drive him to an unknown location, refusing to leave when requested, shout and swear at her and repeatedly kick the vehicle on Hilltown

on March 6.

He also admitted assaulting Stephanie Mitchell by punching her on the body at Ladbrokes, Strathmartine Road, on the same date.

He further admitted assaulting PC Sinclair, then in the execution of his duty, by repeatedly attempting to strike him on the body and thereafter on the face and threw a mobile phone at him, all to his injury.

Tosh also pleaded guilty to struggling violently with PC Sinclair, Constable Garry Miller and Constable Jennifer Gray.

Moving for bail, Mr Lyall said that Tosh was willing to undergo a 24-hour curfew at his mother’s house.

Sheriff Richard Davidson remanded Tosh in custody until March 21 to obtain a psychiatric report.

He said: “This case has caused me some concern. I appreciate the offer Mrs Tosh has made, but I am faced with a bizarre set of events and I can’t help but be concerned for public safety.”