A drunken thug battered his pal in Aberdeen and then coughed in the faces of two cops, telling them “I am going to give you Covid”.
Damian Wawrzyniak fought with his friend on King Street in broad daylight, kicking him in the head, before being apprehended later by police in Seaton Park.
But when he was arrested the 26-year-old deliberately coughed directly into the faces of a male and a female police officer and stated: “I have Covid, I am going to give you Covid.”
Wawrzyniak has now been jailed over the vile episode, in which he also spat at and struggled violently with the officers.
Fiscal depute Colin Neilson told Aberdeen Sheriff Court “The complainer and the accused are friends and had recently been residing together.
“On July 4 2020 they had been drinking together and were both drunk.
“At about 12pm they had a disagreement and started to fight.
“The accused assaulted the complainer by hitting him repeatedly in the face with an open hand, striking him on the eye and mouth.
“He then punched him on the legs and body. The complainer then fell to the ground.
“The accused kicked him in his right eye. The complainer attempted to get to his feet however the accused pulled him back to the ground and then repeatedly struck him with his knee and elbow on the legs.
“The attack lasted around five minutes. A passerby contacted the police.”
The male was left with cuts and bruises but escaped serious injury.
Mr Neilson went on: “The police traced the accused in Seaton Park. On being instructed he was under arrest the accused began to struggle and pulled his arms away to prevent handcuffs being applied.
“He kicked out to prevent being put in the police vehicle.
“The accused then coughed directly into the faces of two constables and said ‘I have Covid, I am going to give you Covid’.
“The accused continued to kick out and spit on the van walls throughout the journey to Kittybrewster custody suite.
“At Kittybrewster, while in the holding cell, the accused started spitting, resulting in a spit hood being applied.
“The accused continued to struggle violently and kick and spit at the constables while being booked into custody, causing the officers to take evasive action to avoid being struck.
“Leg restraints were applied.”
In response to caution and charge over the initial assault on King Street, Wawrzyniak replied: “Yes, I did that. I was drinking. He is my friend. Is he okay?”
Wawrzyniak pled guilty to assault to injury, resisting, obstructing, or hindering police, and two charges of assault on police officers.
Defence agent Mike Monro said: “With regard to the circumstances pertaining to the offence, there’s very little, if anything, to be said in mitigation.”
Mr Monro said the pair knew each other and the victim was staying with Wawrzyniak at his address.
He said: “What is quite clear is that both of them were exceptionally drunk at the time of this incident.
“It was in the middle of the day when the assault took place, but my client advises by that time, and perhaps the night before, he had consumed himself a litre of vodka and other items which got him into the mess he was.
“They’re not sure why they were on King Street, although they were near an off-licence. Whether that was to buy more alcohol I’m not sure.
“The accused’s recollection is almost non-existent.”
Regarding the behaviour towards the police officers, Mr Monro added: “It really is unforgivable by the panel and he accepts that.”
He added Wawrzyniak’s claims about Covid had been “untrue” and said he “apologises” for his actions.
Sheriff William Summers told Wawrzyniak, a prisoner of HMP Grampian: “I recognise you appear before the court with limited record of previous convictions and you have never previously served a custodial sentence.
“Charge two libels a serious assault. Amongst other things it involved your kicking your victim in the head as he lay on the ground. It’s fortunate you’re not facing a more serious charge.
“The other charges collectively involve resisting arrest, coughing in the faces of police officers while claiming you have Covid and spitting at police officers. That is vile and deplorable, and you did it not once but repeatedly.
“Notwithstanding all that I have read and that’s been said, in my assessment there’s no appropriate alternative other than for the court to impose a custodial sentence.”
He ordered Wawrzyniak to be jailed for 18 months.
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