Pinoy who assaulted cop jailed for 3 weeks

 

The incident happened at the corner of Wo On Lane and D'Aguilar St in Central

A Filipino waiter who was convicted after trial of assaulting a police officer who intervened when he became unruly while drunk in Lan Kwai Fong in October last year, was today ordered jailed for three weeks.

In addition, Denver I. Bautista, 36, was fined $1,500 for his drunk and disorderly behavior, to which he had earlier pleaded guilty at Eastern Court.

In mitigation, his lawyer asked for leniency, saying Bautista was a good provider for his family, and had admitted being carried away when he confronted the officer. The lawyer also said the officer suffered no lasting injury from the assault.

PINDUTIN DITO

But in sentencing, Magistrate Stephanie Tsui said she saw no remorse in Bautista, even after his conviction for assaulting the officer, which was a serious offence.

She noted that in the background report on him, Bautista still maintained his innocence, and did not seem to be aware of the severity of his action.

In his defense, Bautista had claimed that it was the officer who shoved his face onto his Hong Kong ID card, as he presented it to prove his identity. But a body camera worn by a second arresting officer showed the ID card hitting the first officer in the eye, and also caught Bautista swearing at him.

TAWAG NA!

Magistrate Tsui also took note that Bautista had prior criminal convictions for criminal damage and theft, which aggravated his assault conviction.

For the drunk and disorderly behavior charge, the magistrate said that as it was his first time to commit such an offence, and had pleaded guilty before trial, the appropriate sentence on him was a fine of $1,500.

This was to be taken from the $5,000 cash bail that he had earlier posted for his provisional release.

Bautista’s assault of the police sergeant happened on Oct. 29 last year at the corner of Wo On Lane and D’Aguilar St. in Central as the officer tried to pacify him after he became unruly while drunk.

Under Section 26 (2) of the Offenses against the Person Ordinance, “Any person who assaults, resists, or wilfully obstructs a police officer in due execution of duty, or any person acting his aid is liable to imprisonment for up to two years.”

The offense he admitted, being drunk and disorderly, is punished by the Summary Offenses Ordinance, with a fine of up to $2,000 and imprisonment of up to two months.

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