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Richard Day, from Gravesend, jailed after shooting teenage boy in head with air rifle

An alcoholic has been jailed after he shot a teenage boy in the head with an air rifle because he felt intimidated and hounded.

Richard Day, 64, claimed the 15-year-old goaded him by saying: “Go on then, do it.”

He pulled the trigger at close range and a pellet lodged just below the victim’s hairline. The boy then lashed out at his attacker, punching him twice.

The boy was shot with an air rifle. Library image.
The boy was shot with an air rifle. Library image.

Day, of St Gregory’s Court, St Gregory’s Crescent, Gravesend, was sentenced to 10 months after a judge told him: “It was what might have happened which is so chilling and alarming.”

Judge Julian Smith added the offence was “calculated, deliberate and extraordinarily dangerous”.

Maidstone Crown Court heard the teen and other youths were sitting on a bench near to where Day lives in sheltered housing on October 30 last year.

Prosecutor Christina Rowberry said Day, who is known in the area as Dickie and has shoulder-length grey hair and walks with a stick, was on his way to shops in Valley Drive.

Judge Julian Smith
Judge Julian Smith

When one of the youths asked him the time, he sarcastically replied they should find their watches and learn to tell the time.

There was an argument and Day, who is epileptic, walked off saying he wanted to get some fish and chips.

But he returned with a bottle of wine and a quarter bottle of whiskey.

One of the boys told Day he wanted to apologise and shook his hand.

"It was what might have happened which is so chilling and alarming" - Judge Julian Smith

The youths later said Day started talking about guns.

The victim told him: “Go and get it then.” They followed him.

The victim walked up to the gates of St Gregory’s Court and Day came out with a .22 air rifle.

“He snapped the barrel and put a pellet in,” said Miss Rowberry.

The teenager argued with Day and challenged him to fire the gun.

After the pellet hit him in the head, he said: “Look what you have done.”

“He was shouting and screaming,” said Miss Rowberry. “A large number of youths surrounded the defendant.”

Day told the victim: “Sorry, I didn’t want to shoot you, but you forced me.”

The teenager was taken to Darent Valley Hospital. A simple procedure was needed to remove the pellet.

The man was allegedly carrying an air rifle. Stock image
The man was allegedly carrying an air rifle. Stock image

Miss Rowberry said the rifle was not a lethal weapon in terms of the Firearms Act.

Day, who admitted possessing a firearm with intent and assault causing actual bodily harm, said in a statement to police the youths had been goading, abusive and provocative.

He told them he would get his gun, he said, hoping they would go away.

“I don’t know why I did this,” he continued. “I had no idea it was that powerful. I thought it would only hurt but not injure. I am very sorry.”

Hannah Wyatt, defending, said Day had difficulties and acute alcohol intoxication was likely to have affected his judgement.

The case was heard at Maidstone Crown Court
The case was heard at Maidstone Crown Court

There could be an argument, she said, that Day was assaulted by the teenager.

Miss Wyatt submitted that a suspended sentence could be imposed.

“He fell over a month ago and injured his hip,” she said. “His situation would only get worse in prison. Prison would seek to end his life almost.”

Judge Smith replied: “You have to be careful when you make that statement.

“The court has a duty to your client but also to the wider public at large.

“I can’t approach the sentence on that basis. The court cannot be blackmailed.”

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