An Arbroath electrician has been jailed after battering a man who, moments before, had rendered him unconscious in a chokehold.
Robbie Kelly, 29, had been at a family function at the Central Bar, Arbroath, in February this year.
Close to closing time, he and Demitrio Melito had become embroiled in a “play fight” which got out of control.
Mr Melito placed Kelly in a rear chokehold, which left him temporarily unconscious.
An inebriated Mr Melito was then escorted from the busy pub and told to go home, which he refused to do.
“Red mist” descended on enraged Kelly and he lunged at his victim, swinging punches to his head and causing him to fall to the ground.
He then stamped on Mr Melito’s head, which left his face “a mess” and fractured one of his teeth.
‘Banter’ turned ugly
Appearing from custody, Kelly admitted assault to severe injury on February 27 at the popular pub.
Dundee Sheriff Court was shown CCTV footage of the incident – both the “play fight” inside the bar and the assault outside.
Defence solicitor Sarah Russo, in mitigation for Kelly, said: “He did not go out looking for trouble that night.
“He had been out enjoying drinks with family and friends.
“He has described Mr Milito as a friend of a friend.
“There was banter between the two and for reasons unknown Mr Milito approached Kelly from behind and placed him in a chokehold.
“The accused fell to the floor and sustained a cut to his head.”
Prison sentence because of head stamp
Ms Russon continued: “The accused saw Mr Milito outside and saw ‘the red mist’.
“He is ashamed of his behaviour and accepts he should have contacted police in the heat of the moment.
“He cooperated with police fully.”
Sentencing Kelly to a year in prison, Sheriff Robert More said: “This was an attack perpetrated in revenge for an attack which happened to you, which wholly contextualises what happened.
“But for the stamp on the complainer’s head I would not have sent you to prison.”
