Man choked during attack in Inverness flat
A masked man and two accomplices burst into a flat and attacked one of the occupants with a crowbar and then tried to throttle him.
The incident happened in a property in Mackintosh Road, Inverness on the night of March 22, 2023 after the tenant, Stephen Dick, mistakenly called 22 year old Corey MacLeod's mother.
Fiscal depute Naomi Duffy-Welsh told Inverness Sheriff Court that Mr Dick's friend, Dylan Bannister, then received a phone call from an angry MacLeod and could hear a second accused, Rhunne MacGregor (26), in the background.
He ended the call as they both "sounded out of it” the fiscal said.
But later that evening, Mr Bannister and a woman who was also in the flat, heard people outside shouting and swearing in the communal corridor, demanding to be let in.
MacLeod and MacGregor had been joined by Thomas Marello (29).
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Ms Duffy-Welsh added: "Dylan Bannister looked out of the peep hole in the door and observed Marello pointing at the door wearing a green balaclava and a blue hooded top with the hood up over his head and wearing disposable gloves.
"There were two loud bangs at the front door and it burst open."
The prosecutor said the three men entered and shouted at Stephen Dick to wake him up as he was asleep on the couch.
"MacGregor punched Stephen Dick in the face several times and Marello struck Stephen Dick on the thigh with a crowbar.
"MacLeod then jumped on top of Stephen Dick and repeatedly punched him on the face and then struck him with his knee in the face.
"Stephen Dick was crying and shouting that he couldn't breathe. MacLeod shouted: 'you can't breathe can you' and then placed his arm around Stephen Dick's neck so that his throat was in the crook of his arm. He tightened his grip, squeezing Stephen Dick's neck preventing him from being able to breathe.”
"MacGregor then grabbed MacLeod and pulled him off and pinned him to the floor preventing a further attack."
The trio then fled the flat but before they did, MacLeod wretstled £30 in cash from Dylan Bannister’s hand.
The trio were later arrested the trio in Harbour Road, with officers finding a crowbar and a mallett in Marello's backpack.
Stephen Dick required hospital treatment to a broken nose and a number of cuts.
MacLeod was originally charged with the attempted murder of Stephen Dick and told officers: "I hope he dies wherever he is.”
All three men admitted a charge of hamesucken - an ancient charge meaning forced entry to a property and then assaulting Stephen Dick to his severe injury. Marello admitted possessing two offensive weapons and Macleod also pleaded guilty to a further charge of robbery.
All three had sentence deferred until May 28 for background reports.
First offender MacGregor of Old Evanton Road, Dingwall, was allowed bail.
However Macleod of Galloway Drive, Inverness and Marello of Fir Place, Inverness, who both had previous convictions, were remanded.
Sheriff Harvie told MacLeod: "You had just been released by police a matter of days before this and you told police after this that you hoped he would die. You seemed to take pleasure that Stephen Dick cried that he couldn't breathe and you tightened your grip."
The sheriff told Marello: "You were the one that struck the victim with a crowbar. You were also 10 months into a one year community payback order imposed in connection with an offence which also involved an axe and here you are with a crowbar and a mallett."
