More on KentOnline
More on KentOnline
A restaurant owner who attacked a man and broke his jaw after being racially abused has avoided jail.
Damien Davis, 42, set upon Craig Washington outside Pops Jerk in Herne Bay, when a row between the pair spilled onto Richmond Street.
Jurors cleared Davis of causing grievous bodily harm with intent, a charge which carries a maximum sentence of 16 years.
But they unanimously convicted the restaurateur of grievous bodily harm, a lesser charge, following a two-day trial at Canterbury Crown Court in April.
Judge Catherine Brown ruled on Wednesday Mr Washington entered the takeaway in an “agitated state” and “did use” racist remarks before Davis attacked him outside.
She said it was “unclear” why friction existed between the pair but “something was bubbling” in the background between them.
Handing down a 10 month sentence suspended for a year and a half, she said: “Mr Davis, I’m giving you a chance, this is a serious offence. Mr Washington could have been killed by what you did.”
During the trial jurors heard Davis and Mr Washington, who were once friends, clashed inside the popular Caribbean venue during an afternoon of August 2020.
Tension flared between the two at the height of the pandemic during a disagreement over a rented caravan, prosecutors said.
Davis was said to have thrown money at the floor while Mr Washington knocked over a stack of Covid-19 safety leaflets.
Following the disturbance Mr Washington returned to his car parked outside Pops, with Mr Davis in pursuit.
"The defendant chose to follow Mr Washington out of Pops Jerk and said 'you don't do that in my shop.'
"He then went and punched Mr Washington in the head causing Mr Washington to stumble and fall to the ground, the prosecution say the defendant also kicked him," the prosecutor said.
"He left Mr Washington in what appeared to be an unconscious state."
Mr Washington told the court as he drew up to his vehicle he suddenly lost consciousness.
"I was getting into the car and I heard (Davis) shouting something about 'don't do that to my shop.'
"I remember the shouting and the next thing I remember was being surrounded by the police trying to help me up off the floor," he said.
Mr Washington suffered fractures to both sides of his jaw and a cut to the back of his head.
An air ambulance landed at the scene, however Mr Washington was rushed to a nearby hospital by road, where his wound was treated with surgical glue.
Davis, of Chestnut Drive, Herne Bay, argued during the trial he acted in self-defence after Mr Washington provoked him.
Charlotte Oliver, mitigating, argued Davis was remorseful over his actions, had been subjected to “racial aggression” and acted “out of character.”
Davis was ordered to complete 200 hours of unpaid work, 10 probation rehabilitation days, and to pay £500 compensation.
He must also undertake a course to assist with self-control and problem solving skills.
