A thug who ran out of his home wielding a samurai sword in the street during a dispute has narrowly been spared from being jailed.
Derby Crown Court heard on February 15 how Darren Whiteley, 36, of Dale View, at Stretton, Alfreton, had been found not guilty of two counts of assault after he had been accused of attacking a father and son, but he was found guilty of possessing a samurai sword in a public place.
Becky Allsop told a previous Chesterfield magistrates’ court hearing that it was said at a trial that Whiteley had been shouting outside an address and had allegedly been threatening to fight before he returned to his home.
Mrs Allsop said the younger witness approached the defendant’s address and he went running up the driveway and it was alleged by witnesses the defendant came out brandishing a samurai sword after taking it out of a sheath.
She added: “It was said by witnesses when he was in the street he was brandishing it and waving it about and swinging it about.”
Whiteley was found guilty after the trial at Chesterfield magistrates’ court on January 8 of possessing a sharply pointed blade in a public place without good reason or lawful authority after the incident on June 25.
The defendant told the court he was sorry.
Mrs Allsop added that Whiteley had taken the largest sword from a collection of three at his home but these were all seized by police.
She added that such offences can result in one-and-a-half to three years of custody.
Magistrates committed the case to Derby Crown Court where Whiteley received 12 months of custody suspended for 24 months with a Rehabilitation Activity Requirement after sentencing on February 15.