Man narrowly avoids jail over struggle with partner at Hallglen home

Kevin McKenzie, 33 Annfield Street, Edinburgh, admitted behaving threateningly at a Hallglen property on September 24, 2020 by shouting, swearing, refusing to leave when requested to do so and struggling with a woman.

The 34-year-old appeared at Falkirk Sheriff Court last Thursday.

Procurator fiscal depute Heather Galbraith told the court McKenzie had been in a relationship with the woman, who’s now his ex, for about a year and was “under the influence of alcohol” at the time of the offence.

Ms Galbraith said: “On September 24, the witness and the accused were within the living room at the locus.

Man threatened to ‘chew police dog’s throat out’

“The accused was under the influence of alcohol and the witness requested that he leave the house. She managed to get him out, but he forced his way back in.

“There was a further heated exchange between them, and she took out her phone and began filming it. The accused became upset at this point and continued shouting and swearing.

“He made an attempt to grab the phone and there was a struggle.

"She then contacted a friend and the accused left the house. It was reported to police and he made no reply.”

Sheriff Derek Livingston said: “The case called for a deferred sentence on December 24. My understanding was there’s an outstanding matter.”

His defence solicitor told Sheriff Livingston that McKenzie had breached bail.

The court was told McKenzie had committed two domestic offences.

His solicitor said: “It’s clearly a regrettable incident for everyone involved.

“He would be willing to comply with supervision. He has a longstanding alcohol problem and is seeking help from his GP but that’s somewhat limited with the virus situation.

“He’s not working at the moment but is fit for work.”

Addressing McKenzie, Sheriff Livingston said: “You’re getting very close to a custodial sentence.”

He was made subject to community payback order consisting of supervision for two years and a 144-day restriction of liberty order during which McKenzie must remain home between 7pm and 7am.

Sheriff Livingston also imposed a two-year non-harassment order preventing McKenzie from entering a Hallglen street or contacting the woman.

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