Worcester man threatened to headbutt cleaner and used homophobic slur

Nathen Evans admitted using threatening, abusive and insulting words to cause harassment, alarm or distress when he appeared at Worcester Magistrates Court on Thursday.

The court heard Evans had drunk eight cans of strong lager and nearly a bottle of whiskey before abusing the men in the city centre at 7.20am on September 25.

Emily Clewer, prosecuting, said the 31-year-old approached David Hand, a cleaner, and stood in front of him while he was cleaning the floor near to Fitness4Less and the Travelodge.

Miss Clewer said Evans swore as he asked Mr Hand where a man had gone - thinking he had gone into the Travelodge - to which the victim replied he didn’t know.

The court heard the defendant then said “don’t tell me that” before using a homophobic slur to insult Mr Hand.

Miss Clewer said: “He then said he was going to headbutt him, and knock him out.

“Thinking he was going to be attacked, Mr Hand called for security.

“He (Evans) said he was going to headbutt him three or four times.”

Miss Clewer said when Martin Haste, Cathedral Plaza’s security guard, arrived he told Evans to go, but instead he got right in his face.

“He then spat in the direction of Mr Haste, though it landed on the floor,” she said.

Miss Clewer said in their victim statements that Mr Haste said he had felt distressed by the incident, adding he had got the right to work, while Mr Hand said he too had just been doing his job, but had been made to feel anxious and that he could be attacked.

Mr Hand had said that although not gay himself, he knew the word used was a homophobic slur.

Miss Clewer said it had been a “sustained incident lasting 10 minutes”, and asked for an uplift in the sentence due to the use of a homophobic term.

Magistrates heard that Evans previous convictions were for battery and possession of a bladed article in a public place.

Paul Stanley, defending, said the dad-of-one had been drinking throughout the night and while walking home he mistakenly thought he heard someone being abusive to him, which led him to get into the conversation with the cleaner.

“He is not homophobic, he made the comments when he was heavily intoxicated,” Mr Stanley said.

“He can’t remember what happened. It was a short incident. He had been drinking and had taken painkillers.

“He doesn’t want to go to custody.”

Mr Stanley said Evans was homeless at the age of 16 and after recently losing his job as a bar manager, and accommodation as a result, he had fallen into the grip of drinking alcohol.

Mr Stanley added that his client was currently living with his ex-partner at an address in Victoria Place, Worcester.

A probation report found that Evans had been having flashbacks to his time on the streets, and he was “extremely remorseful”, and “sorry for wasting the court’s time”.

“This one day everything got on top of him, so he drank,” the report added.

Elaine Bell, chairman of the magistrates bench, said: “Whilst it's a very serious offence, we are not going to impose a custodial sentence. You will receive a community order.”

Evans was given the order that will last 18 months. He was ordered to carry out 175 unpaid hours, uplifted from 125 hours due to the use of homophobic abuse.

He was told to complete 12 rehabilitation activity days, and pay compensation of £100 to both victims, and £95 victim surcharge.

The total owed, £295, was ordered to be paid within 40 days.

Evans was warned that if he breached the community order he could be ordered to return to the court and resentenced.

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