Car park row sees man in pyjamas make threats with hammer

Alistair James Simpson told Murat Kolcak ‘I’m going to **** you up‘’, Bournemouth Crown Court heard.

Warehouse worker and delivery driver Simpson bit his victim's finger and gouged his eye with his thumb.

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The argument erupted when 46-year-old Simpson took exception to how Mr Kolcak was using the private parking area in Lorne Park Road, Bournemouth.

The defendant, who regularly visited the flats where his partner lived, used his Mini to block in resident Mr Kolcak’s vehicle in the hope of causing a confrontation, the court heard.

After finding he could not get his car out, Mr Kolcak got into a row with Simpson, who was spotted watching the complainant from the window of his girlfriend’s home.

Mr Kolcak “flat-foot” kicked the defendant’s car, which was the “spark” to him going outside armed with claw hammer on May 17 last year.

Prosecuting, Tim Moores said: “It is fair to say initially the first time the hammer is held up that is a threat to damage the car rather than Mr Kolcak.”

After being pushed by the defendant, Mr Kolcak swung a punch which appeared to miss and then the men ended up grabbing each other, Mr Moores said.

“Mr Kolcak says whilst he is struggling he is attempting to restrain the hammer to prevent that being used,” the prosecutor said.

“He then feels the defendant’s teeth around his little finger and feels that being bitten.

“In order to try to release the grip of the defendant, with the other hand grabbed Mr Simpson’s lower lip and pulls his lip down.

“They continue to struggle. The finger breaks free from Mr Simpson’s mouth. Mr Kolcak says he feels a thumb go into his eye.

“He describes it as being a gouging motion and they continue to struggle. He says eventually he managed to grab Mr Simpson’s hair and put him in a headlock and they fall against a wall at that point.”

The physical altercation came to an end with Mr Kolcak pushing the defendant away.

Police arrived and officers arrested the defendant. He reportedly said there was a big footprint on his car and he was annoyed about what Mr Kolcak had done to his vehicle.

The complainant went to hospital, and it was confirmed he had a fractured finger and corneal abrasion in his eye.

In police interview, the defendant, who suffered injuries to the inside of his mouth, made no comment to all questions asked.

Mitigating, Philomena Murphy said the defendant went down to the car park with the intention to move the car.

“He did not intend to use the weapon at all upon Mr Kolcak,” Ms Murphy said.

She added: “He has throughout this whole process expressed his genuine remorse for his actions.

“He did act stupidly, he would say, on the spur of the moment in anger but his behaviour it seems is wholly out of character and does not reflect the man those six people talk about in their references.”

Simpson, who had no previous convictions, admitted assaulting occasioning actual bodily harm, assault by beating and threatening with an offensive weapon in a private place.

He pleaded guilty on a basis that he was acting in excessive self-defence following provocation from Mr Kolcak.

Bournemouth Crown Court (Image: Daily Echo)

Judge William Mousley KC said there was some provocation from the complainant but the incident came about after the defendant deliberately blocked Mr Kolcak’s car in.

“Mr Simpson was obviously looking for a confrontation and he quite deliberately did what he did to engineer a confrontation,” Judge Mousley KC said.

He added: “But for the actions of Mr Simpson in the first place, no incident would have even arisen.”

Simpson, of Bramley Road, Kinson, received an 18-month community order, with a requirement to carry out 120 hours of unpaid work at the hearing on Monday, August 14.

The defendant was ordered to pay £300 compensation, a £95 surcharge and made subject to a 12-month restraining order.