A charity triathlete who needed nine police officers to restrain him after biting off a random stranger’s ear has been jailed for 34 months.
Steven Drummond was also given a 12 month supervised release period in order to “protect the public from further harm.”
Sheriff Alistair Carmichael told him: “These assaults are very bad offences.
“They were unprovoked. It was unacceptable behaviour and a custodial sentence is inevitable.”
The sheriff said: “I have to take account of the seriousness of the injury.
“You made it clear in your letter that you feel remorse and I am satisfied it is genuine.”
Surgeon’s couldn’t save victim’s ear
Dundee Sheriff Court was told that a chunk of David Tosney’s ear was ripped off and discovered on a pub floor but doctors were unable to sew it back on.
The court was told that Mr Tosney had been left scarred for life and in constant pain because the nerve endings had been left exposed.
The court heard that a second man was also bitten during the unprovoked attack by Drummond as pubgoers watched Celtic v Dundee United on TV.
Fiscal depute Lora Apostolova told the court: “At 3pm, Susan Tosney arrived at the pub to watch football with her husband David. They were joined by friends.
“The accused entered the pub. He was on the phone and appeared angry. He headed to the table where they were sat with Stephan Dewar.
“Mr Dewar said he did not know him and must be mistaken about his identity. Mr Dewar tried to explain they did not know each other.”
The fiscal depute said: “The accused punched him to the face and knocked him to the floor. He climbed on top of him and repeatedly punched him.
“Four people tried to restrain the accused but he was too strong. His attention then turned to David Tosney and he bit him on the left ear.
“Such was the force used that part of his ear was torn off. Despite the efforts of several people they were unable to get him off.”
‘He’s going to kill folk’
When police arrived at the bloody scene, Mr Dewar was outside and told them: “Get in there, he’s going to kill folk.”
Mrs Apostolova said: “David Tosney suffered multiple injuries. He had bite marks on his arm. Part of his left ear had been amputated.
“Part of his ear was recovered and taken to doctors but it could not be reattached. He is still experiencing intense pain around the ear due to the nerve endings being exposed permanently.
“He has been struggling to sleep because that was the side he normally lay on. He has been unable to have a haircut since on medical advice.”
Triathlon training
Drummond, 34, admitted attacking Mr Tosney to his injury and permanent disfigurement by biting off a “segment of ear” on 26 September last year.
He also admitted punching Stephan Dewar on the head, knocking him down and straddling him, before biting him on the body to his injury.
Drummond, from Dundee, admitted resisting arrest at Harlequins bar in the city and assaulting PC Thomas Fitzpatrick by kicking him on the body.
Solicitor Jim Laverty, defending, said Drummond had been a long-term alcoholic who had managed to remain sober during a period of lockdown.
He said he had been getting help from an alcohol support service and wanted to complete an event to raise funds for the charity.
Mr Laverty said: “He was training for a triathlon. He was hoping to obtain sponsorship so he could make some payment back to Jericho House.
“He was training up to two hours a day and the triathlon was due to take place in late 2021. Unfortunately that came to a crashing end on 26 September.”
He said Drummond had been acting as a mentor for other alcoholics but had fallen off the wagon and broken the rules by drinking with one of them.
He told the court his client had little recollection of why he was in the pub or what he had done and said he offered sincere apologies to everyone involved.