Elgin police repeatedly spat on by serial offender
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A man who repeatedly spat on officers at Elgin Police Station has been spared jail because he's already spent the last eight months in custody.
Marcus Capp will instead be placed under the supervision of social workers for the next two years.
Speaking today, Sheriff Eilidh Macdonald warned the 27-year-old that he would be locked up again if he didn't fully comply with her order.
She said: "This is your chance. This was appalling behaviour, which was reckless, violent and upsetting."
Defence solicitor Shahid Latif told Inverness Sheriff Court that his client had been jailed many times before but this had not stopped him offending.
Mr Latif added that Capp, who lives in Narin, had endured an "unenviable upbringing".
The solicitor said: "He has a longstanding mistrust of authority and now suffers from mental health problems.
"He recognises he needs help and it is available.
"Rehabilitation may now be at the forefront of the court's mind rather than punishment."
Sheriff Macdonald agreed, telling Capp: "You have spent the equivalent of eight months in custody, and having read the reports, I believe some rehabilitation must be attempted if you are to stop behaviour like this."
At an earlier hearing, the court heard that officers had to try and avoid being repeatedly spat at by Capp who had been arrested following a report of suspicious activity at an Elgin house.
The initial incident occurred at 3.50am in North Street on January 3 this year when officers stopped Capp in his car.
Fiscal depute Robert Weir told the court that Capp cooperated at first but became "aggressive on entering the police vehicle, matters deteriorated and police restrained him by taking an arm each.
Mr Weir continued: "He began to struggle violently by making his arms go rigid and by forcing his arms to the front, attempting to break free, trying to head butt and trying to bite an officer's hand.
"He was handcuffed to the rear and while being placed in the vehicle cage, he headbutted one constable to the face. He continued to struggle violently.
"At Elgin police station he was removed from the police van cell and began repeatedly spitting at the police. He was placed in a spit hood."
Capp admitted two police assaults, resisting arrest and threatening or abusive behaviour.
