A TROON man who stamped on a passer-by's head in 'retaliation' after being targeted in an early hours punch-up has been spared a jail sentence.
George Prill pleaded guilty to serious assault after stamping on the complainer's head four times while he lay on the ground unconscious following an argument in Ayr High Street earlier this year.
The sheriff court heard the 'victim' threw the first three punches, after making insulting comments to Prill's friend in the altercation.
A procurator fiscal depute said: "At 3.45am on January 23, the accused was standing outside 160 High Street [Burger King]. He was with a friend.
"He started to engage in a verbal argument with another. Five or so other members of the public separated them.
“A short time later the accused started to walk away.
“[The complainer] started to punch the accused three times and contact was made. The accused then retaliated throwing punches back.
“One made contact, knocking the witness to the ground. The accused then stamped on his face and head with his foot four times.
“He lay on the ground for five or 10 minutes not moving, he was placed in the recovery position. Police were contacted by CCTV operators.
“On arrival Mr Ferguson was hostile and it was noted bruising and swelling to his left eye, grazing to his head and he appeared intoxicated.
"At 5.50am he [Prill] was formally cautioned and charged.
"He attended A&E with scraping to his head and left eye but didn’t require medical treatment."
Defence solicitor John Gallagher said: "He is 19, his birthday is tomorrow. He appears with no other matters outstanding, on a structured deferred sentence, he has engaged well and reviews in very positive terms.
"The complainer was hostile and didn’t cooperate, perhaps no great surprise it was he who instigated the matter, prompting Mr Prill to engage.
“He had made disparaging comments to a male in his company, a man of a similar age who had sadly undergone a number of surgeries and was disfigured.
"The complainer took it upon himself to draw this to others' attention. He made very poor comments.
"Mr Prill stepped in to defend his friend, CCTV captures all that. The complainer threw the first punch and a number of punches."
The lawyer added: "It's accepted at that stage in self defence, he threw punches, one which knocked him to the ground. The problem is at that stage, he should have walked away, it’s a matter of regret he didn’t.
"Emotions were running high and there was poor judgement after consumption of alcohol. He is a man in employment. He is a position to complete unpaid work."
Sheriff Maria Kicinski said: “I have listened to the circumstances of the offence including what was said by both the fiscal and your solicitor in mitigation.
“Nonetheless, repeatedly stamping on someone's head on the ground is something taken seriously, and you were rightly prosecuted in this court for that, you were also on bail at the time.
"That said it is quite a positive [social work] report and you have clearly engaged well and it’s heartening to read there is no focus for any further supervision. Nonetheless, we have to mark the seriousness behaviour."
Prill, of West Crescent, Troon was placed on a further community payback order including 60 hours of unpaid work, to be completed in six months.
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