Judge Jeremy Carey's sympathy after jailing Medway thug Elusive Matrix for vicious bottle attack on pensioner in Maidstone
Elusive Matrix is behind bars
A judge apologised to an elderly Good Samaritan when sentencing a thug who viciously attacked him with a bottle to four years in jail.
Victim Michael Ormond sat in court as Judge Jeremy Carey said: "I have no doubt at all that the sentence I pass is not necessarily one that in his view, wholly understandably, really reflects the gravity of the offending.
"I have to sentence according to the law and that is what I have done. I express the greatest sympathy and wish him well."
Under an extended sentence, imposed for public protection, Elusive Matrix will serve two thirds before being considered for release. His licence period was extended for a year.
The 43-year-old repeat offender, who changed his name by deed poll from Mark Naulis, admitted inflicting grievous bodily harm on 74-year-old Mr Ormond and assaulting Reece Roberts-Cillia causing actual bodily harm in a second random attack.
Maidstone Crown Court heard how Mr Ormond would help homeless people like Matrix by giving them clothing to keep warm.
The victim was in Medway Street, in Maidstone, heading towards the river on April 13 this year when he was harassed by Matrix - who was mumbling and appeared to be on drugs or drunk.
"He turned away and the next thing he was aware of was being on the ground," said prosecutor Ian Foinette.
"He had been struck by the defendant who had a bottle with him. He was seen by others on the ground in a bad state."
Mr Ormond was taken to hospital and treated for a deep cut above his left eye and other wounds, as well as bleeding to the brain.
Mr Foinette said Mr Ormond had been a fit man who played rugby in his youth. He had retired and spent much of his time distributing clothing to the homeless.
But he no longer felt he could go to the area where he had been assaulted and stayed in his sheltered accommodation.
Two days earlier, Mr Roberts-Cillia was outside Maidstone West railway station with his girlfriend waiting for a lift when, smelling strongly of alcohol, Matrix - of no fixed address, but formally from Medway - approached and harassed them.
As they were getting into a car, Matrix punched Mr Roberts-Cillia under the chin - leaving him in need of stitches.
Judge Carey said of the attack on Mr Ormond: “This was a particularly ugly and worrying incident in this town in broad daylight.
“A decent law-abiding man who was willing to help those less well off than himself, including people like you, who were dossing and living rough, was the victim of a brutal and wholly inexplicable attack in the underpass by the river.
“You in your drunken and drugged up state hit him with a bottle about the head. I will proceed on the basis it was one blow but it was a severe blow that caused this elderly gentleman to go to the ground violently.
“It caused a life threatening injury. Crucially, there have been consequences for Mr Ormond.
"He is no longer the man he was willing to go out and help others because of his concern about people like you and is confined to his sheltered accommodation.
“This is a bad case. The degree of force used was wholly unnecessary in every respect. There is no logical explanation for your criminal actions.”
“This is a bad case. The degree of force used was wholly unnecessary in every respect. There is no logical explanation for your criminal actions" - Judge Jeremy Carey
He continued: “I conclude the public are at risk from you. I, therefore, find you are dangerous. It is an escalation.
"I have read about your background. You were living what can only be described as a feral existence."
Keith Middleton, defending, said it was likely Matrix would have been “out of his head” when committing the offences to stop the feeling of being vulnerable and alone.
He was clearly under the influence of drink and drugs when he struck Mr Ormond with a rum bottle.
Told it was a single blow on each occasion, Judge Carey said of Mr Ormond: "These were serious injuries. It doesn't look like that to me. An elderly man has been brutalised with a bottle."
Mr Middleton said Matrix's life had been difficult and he himself was vulnerable. He injured his spine in a car crash in the 1990s and while in custody at Elmley Prison last year was the victim of a sex attack by a prisoner serving a life sentence for murdering a police officer.
"He has fallen into sleeping rough and mixing with those in this town who are dependent on drugs and alcohol and legal highs which can be purchased in two shops," he added.
"He is appalled by his behaviour in the cold light of day."
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