A MAN who took pepper spray into a Shoe Zone store and threatened to kill the shop assistant has avoided jail.

James Ergun, 33, of Hamilton Road, Bournemouth, told police he went into the Boscombe store with “the intention to cause terror”.

The defendant, who was suffering from a psychotic episode at the time, was told to “**** off” by the staff member before being detained by members of the public.

He pleaded guilty to possessing a weapon for the discharge of a noxious liquid and appeared at Bournemouth Crown Court for sentencing on January 26.

Prosecuting, Rob Griffiths told the court on December 15, 2020, the defendant’s mother phoned police saying her son was on his way to Shoe Zone with a can of pepper spray intending to assault a member of staff.

Mr Griffiths said: “He went to the store, approached a member of staff and said to her ‘this is a robbery, give me money, I have a knife I am going to kill you’.

“She refused to open the till, the defendant then produced a can of pepper spray. She thought it was hairspray and said ‘**** off’.”

Ergun discharged the spray and pushed the staff member to the ground while she tried to escape. He was then detained by members of the public.

He was deemed unfit to be interviewed by police and when eventually interviewed three months later, told officers he suffered a psychotic episode and “lost touch with reality”.

He said it caused him to lack empathy and he went to Shoe Zone with the “intention to cause terror” to the female staff he thought were “gypsies”.

Mitigating, Robert Grey said the defendant’s mental health difficulties were well-documented and he was a man of previously good character.

Judge Brian Forster QC sentenced Ergun to a 12-month community order and a 12-month mental health treatment requirement.

The judge said: “Your actions were extreme in that you went out from your home, approached a member of staff saying you were going to kill her.

“I wanted to say publicly how well the shop assistant did in dealing with the situation.

“People work hard and don’t expect to be caught up in a situation such as this.

“It is necessary to consider two matters, firstly the need to protect the public and secondly what is the best sentence for you to avoid such a situation coming about again.

“My clear judgement is the appropriate course of action is to make a community order and couple that with a mental health treatment requirement.”