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Barnstaple dog walk turns into two-man brawl

By North Devon Journal  |  Posted: January 10, 2013


A CASUAL Saturday afternoon dog walk ended up with two men fighting in the middle of Barnstaple.

Phil McCutcheon, 51, of Victoria Road, Barnstaple, appeared at North Devon Magistrates' Court accused of using threatening, abusive or insulting behaviour towards another on September 8 2012.

The court heard McCutcheon was out walking with his ex-wife and her dog in Portmarsh Lane in Barnstaple when the animal was attacked by two other dogs.

The owner of one of the dogs then began arguing with her before McCutcheon, who was slightly behind, came around the corner and witnessed the altercation.

Ben Winzer, for the prosecution, said he ran over to the group shouting: "Mind out, don't touch her, I'm going to knock you out."

McCutcheon then grabbed the man who threw a punch back and the pair ended up on the floor fighting. In the chaos one of the dogs ran over and bit McCutcheon on his right arm.

Rod Ball, for the defence, said McCutcheon has a spinal injury which "not surprisingly" meant he lost the fight given his disability.

McCutcheon has had to move back in with his ex-wife, who has effectively become his carer since he developed the injury, the court heard.

McCutcheon, who is on benefits, was deemed unfit for unpaid community work and was therefore given a three month curfew to run from 7pm until 7am.

He pleaded guilty to the offence and was also ordered to pay £50 towards court costs.

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