Comments Off on Phillip Giancaspro, 29, steals policeman’s gun, points it at his face then bites him while high on Methamphetamine; jailed for at least 20 months
A DRUG user who pointed a loaded policeman’s pistol at his face and bit the officer’s arm has been jailed for at least 20 months.

Phillip Anthony Giancaspro was on a methamphetamine and methadone bender and had barely slept or eaten for 12 days when he was pulled over in a stolen car at Murray Bridge in January 2013.

District Court judge Jack Costello said Giancaspro, who was driving disqualified, ran from the police officer before becoming involved in a physical struggle.

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“During the struggle you managed to remove the officer’s service pistol from his belt. You stood over him and pointed the (loaded) pistol at him,” Judge Costello said.

“The officer concerned states that he expected to see the flash of light of the pistol firing and thought he was about to be shot.”

The court heard the police officers endured months of sleeping problems and anxiety at waiting months to ensure he had not contracted any diseases from being bit twice on the arm during the struggle.

Giancaspro, 29, escaped the scene but was arrested when he handed himself into police hours later.

“At the time leading up to these offences you had consumed a combination of drugs which put you at risk of being agitated, aggressive and psychotic,” Judge Costello said.

“You may well have been in a psychotic state, experiencing hallucinations, delusions and paranoia.”

Judge Costello said Giancaspro had been using methamphetamine and methadone for about a month before the offending.

“As a result you had not slept much for some 10 to 12 days prior to these offences and were not eating. You had fallen out with your then partner and were stressed out about an upcoming court appearance,” he said.

Giancaspro wrote a letter apologising to the police officer and Judge Costello found he was “extremely contrite” over his actions.

“I also accept that this episode of offending is out of character and is probably explicable in terms of your drug use and abuse at that time,” he said.

“Police officers are there to serve and protect the community and it is essential that they are allowed to carry out their lawful duties without being subjected to the threat of death or serious harm.”

Judge Costello said he took into account Giancaspro’s guilty plea, contrition and relatively minor previous criminal record when setting a head sentence of four years.

He imposed a non-parole period of 20 months, meaning Giancaspro will be eligible for parole in September, with allowances for time already served.

 

 

 

 

http://www.theaustralian.com.au/news/phillip-giancaspro-steals-policemans-gun-points-it-at-his-face-then-bites-him-jailed-for-at-least-20-months/story-e6frg6n6-1226901200255

 

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