Drunk caught with air rifle said 'I'll shoot someone'

Sentenced for possession of two air weapons, having a knife, scrawling on an ambulance, being drunk and disorderly and disorderly behaviour on Monday Joseph McLaughlin was spared an immediate prison term – as the district judge feared he “might die” in custody and would lose his flat.

The 31-year-old, who has weapons offences on his record, was given a six month prison sentence suspended for two years.

Swindon Magistrates’ Court heard McLaughlin had been spotted drinking in The Parade shortly after midday on Sunday, December 20.

READ MORE: Police issue image of air rifles after 'gunman' sentenced

An inSwindon street ambassador told the man he couldn’t drink alcohol in the town centre. McLaughlin was said to have replied: “I’ll do what I f****** want. I’ve got a rifle in my bag and I’ll shoot someone.”

CCTV showed him speaking to another man and showing off the rifle, pointing it into the sky. The weapon was not fired, although it was loaded. He was found to have two air rifles. 

Armed police swooped on the pedestrianised street, which was busy with shoppers at the time.

Taken to the police station he gave a sample on the breathalyser, blowing the equivalent of 171mcgs of alcohol in 100ml of breath – the equivalent of almost five times the legal drink drive limit.

McLaughlin told officers of his having the gun: “I need to defend my family.” He claimed he was getting it fixed.

The court heard he had already admitted a number of offences. They included possession of a knife in Curtis Street on October 30. He had earlier called police claiming – wrongly – that someone had been stabbed in his house. He dropped the knife as police approached him.

On July 1, he had used a dry marker to scrawl “Thank you, NHS” across an ambulance. District Judge Joanna Dickens commented: "It might be misguided but the sentiments are in the right place."

McLaughlin, of Curtis Street, Swindon, pleaded guilty to possession of an air weapon in a public place, being drunk in possession of an air weapon, possession of a bladed article, racially disorderly behaviour, disorderly behaviour, criminal damage and being drunk and disorderly. He appeared before the court via video link from Gablecross police station.

Two previous weapons offences, the last committed in 2016, meant he fell foul of rules requiring the court impose a mandatory minimum sentence of six months unless it would be unjust to do so.

Gordon Hotson, defending, said his client had struggled for a number of years with alcohol abuse. “He is sick of being sway to alcohol. He fully understands that his drinking is at dangerous levels and he is very keen and anxious to address that.”

Were he to be sent to prison he would likely lose his place in a house in Curtis Street. A suspended sentence would give him an opportunity to address his alcoholism.

Police have released a picture of the rifles Picture: WILTSHIRE POLICE

District Judge Joanna Dickens imposed a six month suspended sentence. She said: “The reason is I think you could die, quite frankly. One, because you are such a serious alcoholic withdrawal from alcohol could kill you. Secondly, covid is a very serious risk for people.”

She noted that McLaughlin could lose his accommodation if he was jailed. “If you’re running around with weapons when you still have a house goodness knows what will happen if you don’t one.”

However, the judge tore into his actions: “You are a massive danger to the people of Swindon and yourself. You go around with guns who knows what they are – turns out they’re air weapons, but you don’t know that. Absolutely terrifying for members of the public in shops.”

Under the terms of his suspended sentence McLaughlin must complete a six month alcohol rehabilitation programme, 30 rehabilitation activity days and a six week curfew.