An “outspoken and obstructive” pensioner who fired a BB gun in protest at plans for asylum seekers to be housed in an old people’s home has been spared jail.
Paul Smith discharged the weapon three times after threatening security guards at Ocean Heights Residential Home in Minster-on-Sea that he would shoot them.
At the time, the facility was being considered by Kent County Council as a reception centre for unaccompanied asylum-seeking teenagers.
And when police turned up to arrest the then 70-year-old, he could be heard during a struggle with officers shouting: “This is because of asylum seekers.”
Maidstone Crown Court was told the pensioner later claimed his remark about shooting the guards was made “purely as a joke” and that his firing of the unloaded gun was to scare cats in his garden.
But on sentencing him on Thursday (July 10), Smith was told by a judge that his actions that day had caused “real fear” to the two men and were underlined by racial hostility to those likely to be living close to his home.
It was at about 2.45pm on April 2 last year that Piers Butler was assigned to supervise the care home’s car park.
Prosecutor Nathan Fitzpatrick told the court there had been a number of protests at the site in Seaside Avenue, which was overlooked by several properties.
While sitting in a car, Mr Butler spotted a man – Smith – poking his head over a fence several times while holding what appeared to be a phone or camera in his hand.
The guard notified his supervisor, Charlie Hart, who arrived and spoke to Smith.
When Smith said he was recording their conversation, Mr Hart responded that the building had CCTV.
It was then, the court heard, that Smith said words to the effect of “That’s good then. They’ll see me shoot you with my gun” or “That’s good then, it will capture when I shoot”,
The pensioner then disappeared behind his fence and the sound of three shots rang out. Fearing for their safety, the two security staff alerted police.
When officers arrived, Smith told them he had two “pellet guns” in his conservatory but became outspoken and obstructive, the court was told, and had to be handcuffed.
It was during efforts to put a struggling Smith into the back of a patrol vehicle – captured on an officer’s body-worn camera – that he pushed his foot against the open door with enough force to bend the framework, causing almost £2,000 in damage.
Smith, of Southsea Avenue, later pleaded guilty to possessing a firearm with intent to cause fear of violence and criminal damage.
Urging the court to spare him immediate custody, defence barrister Jim Tilbury said the firearm was never brandished at the two security guards and, at the time of being fired, Smith was separated from them by a 10ft wall of trees.
He also explained how his client had suffered a “turbulent and difficult” upbringing and, although in a “very fragile” state mentally, was making efforts to address his problems with an upcoming medical appointment to “explore” the likelihood of having PTSD.
The lawyer also stressed that a jail sentence would impact on Smith’s caring responsibilities for his disabled ex-partner and her mother.
It was in light of this and his strong personal mitigation that Judge Gareth Branston said the pensioner, who sat in the dock shaking throughout the hearing, did not have to be locked up.
He also accepted that there had been no intention on Smith’s part to cause injury that day and, although he had made a threat to shoot, he had not produced or shown the weapon.
But he warned Smith, who turned 71 on Monday (July 14), that in imposing a suspended sentence order, he would have a 15-month prison term hanging over his head for the next two years.
“This was a very serious offence committed against people just doing their job and intended to cause real fear in Mr Butler and, no doubt, Mr Hart,” said the judge.
“The fact the offence was motivated by or demonstrated hostility based on race aggravates the situation.”
As part of his sentence, Smith was ordered to undertake 30 rehabilitation activity requirements and pay compensation of £800 at £25 a month for the criminal damage caused.
Just three days before the incident, around 80 people had gathered on Minster Leas to peacefully protest at the controversial plans to house 50 asylum seekers aged 16 and 17 at the care home.
A “Say No” Facebook page was also set up, attracting more than 4,500 members, and a separate petition was signed by more than 3,500 people wishing to halt the plans.
It was then reported on April 5 last year – three days after Smith’s arrest – that the owners of the care home had pulled out of the deal with KCC and the facility would return to providing accommodation for elderly and disabled residents.
