Convicted murderer's knife threat in Mansfield

A convicted murderer from Mansfield brandished a kitchen knife and threatened to kill his brother-in-law when the man argued with his sister, a court heard.

Thursday, 1st February 2018, 4:30 pm
Updated Friday, 2nd February 2018, 1:50 pm
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David Hartley told him: “If you ever hurt my sister I am going to kill you you b******.” when he went upstairs at his sister’s Fir Tree Close home, in Forest Town, at 9.20pm, on December 16.

Prosecutor Michael Trehearne said: “He took it upon himself to get involved. He went up the stairs with the knife in his hand and was waving it.

“His sister prevented him from doing anything.

“The situation looked fairly serious because his past history was not good. He has a very worrying record.”

Mr Trehearne said Hartley was convicted of murder by a Spanish court in 2008 and sentenced to 16 years in prison.

He was also convicted of wounding in 1992, when Nottingham Crown Court made a hospital order because mental health issues involved.

“He historically has a number of matters - mostly criminal damage and some dishonesty,” Mr Trehearne added.

Hartley, 50, who was living at his sister’s address, admitted common assault when he appeared at Mansfield Magistrates Court, on Thursday, after previously denying the charge.

Ian Carter, mitigating, said: “He has never had an address since his release from prison. He and his sister are very close.

“He was aware of friction between his sister and brother-in-law. They had been drinking. He left them to it until they shouted so loudly that he went upstairs to resolve it.

“He was concerned about his sister. He stands there with a knife in his hand. He doesn’t make any steps towards his brother-in-law. He went back downstairs and put the knife back in the kitchen.

“When the police turned up all three people were in the kitchen together. They were all quite calm.”

Mr Carter described it as a “minor incident”.

“He has been in custody since December 18 - just over six weeks,” said Mr Carter, adding that it was “the equivalent of a three month sentence.”

“His past has always caused him problems - he struggles to get employment and accommodation.”

He said that Hartley was due to collect keys for a new home in Edwinstowe the next day.

He said it was “an ideal opportunity for a fresh start.”

“He needs help. He has severe mental health issues. Since that hospital order in 1992 there has been not a lot done to help him,” said Mr Carter.

A probation officer said Hartley suffered from a mixed personality disorder which was deemed “untreatable” and he posed a risk of serious harm to the public.

“Unless the court considers adjourning for a psychiatric report we will be requesting an immediate custodial sentence,” she said.

Magistrates ruled that the offence was so serious only custody was appropriate.

Hartley was sentenced to two months, and will serve half the sentence, but the time he has spent on remand would be taken into account.

He will be on post sentence supervision for 12 months. No costs were awarded but he must pay a £115 government surcharge.