Blantyre yob jailed for breach of the peace

Sep 1 2011 by Chris Clements, Hamilton Advertiser

A “SERIAL PEST” who turned up in a Blantyre family’s garden looking for trouble has been jailed for nine months.

However, Dean Hutchison (24) was cleared of carrying a knife during the incident in April this year.

Yesterday (Wednesday) a jury unanimously found Hutchison – of Crawford Crescent, Blantyre – guilty of conducting himself in a disorderly manner, gesticulating aggressively, shouting and swearing in Heathcliffe Avenue on April 24.

However, they unanimously found him not guilty of the charge of carrying a blade in the street.

At a trial before Sheriff Joyce Powrie, Hamilton Sheriff Court heard evidence from 23-year-old Charlene Larkin and her partner, Mark Ferns (26), that Hutchison had appeared in their front garden unannounced at around 10pm that evening.

Both said that they had been watching television in the living room with their two children.

Ms Larkin told fiscal depute Jacqui McGarrity that the 24-year-old had appeared in her garden aggressively asking to see her partner.

The court heard that Hutchison believed that the pair had been responsible for smashing his brother’s window two months previously. The brother lived next door to Ms Larkin and Mr Ferns.

Hutchison, said Ms Larkin, had stood with his arms spread out and called her partner out before he was pulled away from the garden by an associate.

The couple said they were “worried” and “petrified” by Hutchison’s behaviour because their kids were in the house.

Ms Larkin explained that police were phoned immediately, before she called her father, 44-year-old Matthew Larkin, who lived nearby.

Mr Larkin attended the scene with his twin sons, Kieran and Kyle (17), just 10 minutes later.

The father explained that he had entered Heathcliffe Avenue to protect his daughter.

On entering the street he saw a group of four men and a woman just along the road from Charlene’s house, he said. They soon passed by the group.

However, Mr Larkin said that then he heard his son Kieran say “Dad, watch out!” He turned to see a male in a Celtic strip and a male in a greent-shirt – who he identified as Dean Hutchison – coming round a parked 4x4 vehicle towards them in the street.

Mr Larkin told Ms McGarrity that he backed off in a defensive position, while Hutchison said: “I know who youse all are, and I’ll get youse one by f***ing one.”

During evidence, Kieran Larkin also stated he heard Hutchison cry “Young team!” as he ran towards the family.

Father and son also claimed that they saw what they thought was a knife “glistening” in the street light.

Matthew Larkin said that Hutchison had attempted to hide a blade in his hand, while Kieran Larkin said Hutchison made a motion as if he had pulled it out.

However, Mark Ferns also stated he saw Hutchison spread his arms at Mr Larkin, a gesture indicating “come on then,” he said.

Ferns managed to get the Larkin men in the house without further incident and the police attended at approximately 10.20pm, the court heard.

Matthew, Charlene and Kieran Larkin, as well as Mark Ferns, all rejected defence counsel Paul Nelson’s suggestion that Mr Larkin and his sons had attended the house armed.

In particular, Charlene denied seeing her father with a long blade, and her brothers with bats. She and her partner also rejected the possibility of them having the weapons “up their jukes.”

Yesterday, the jury convicted Hutchison of breach of the peace, but cleared him of the knife charge.

Mr Nelson, defending, accepted that his client had a record for being a “serial pest” but pointed out that the more significant charge he faced was removed by the jury.

It is not the first time that the accused has been acquitted of serious criminal behaviour.

In 2009, Dean Hutchison was cleared of murdering drug dealer Brian McQueen in the street. Furthermore, the 24-year-old was also acquitted of pointing a gun at a Blantyre home in 2010.

At court, Sheriff Powrie sentenced Hutchison to nine months’ imprisonment, backdated to April 26 to reflect time already spent in custody.