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Trio avoid jail after street fight terrifies teenager when an imitation gun is pointed at his head in Joyce Green Lane, Dartford

Three young men involved in a street fight stirred up by a homophobic comment which ended with a terrified teenager having an imitation gun held to his head have avoided jail.

Despite a judge stating their victim had "no idea" at the time whether the weapon was real or not, and that such violent incidents made the public feel "unsafe", they were all handed suspended sentences.

Maidstone Crown Court heard troubled flared between two groups of youths congregating on a busy roundabout in Joyce Green Lane, Dartford, on March 9 2016.

The fight happened near the roundabout on Joyce Green Lane, Dartford
The fight happened near the roundabout on Joyce Green Lane, Dartford

A homophobic comment had been made by Tommy Brown, then aged 18, to another boy the previous day.

After an initial one-on-one fight between them, more joined in the fracas, until another teenager was cornered as he tried to flee and knocked to the ground.

Louie Butler, 19, then stepped out of his car and put the gun to the prone and outnumbered boy's temple.

No injuries were ever reported to police, other than a black eye sported by one of the trio involved.

But prosecutor Rhodri James told the court the victim would have suffered 'the inevitable shock from having a gun held to his head'.

Tommy Brown (4072333)
Tommy Brown (4072333)

The incident occurred on a roundabout used as a turning point for Arriva Fastrack buses.

Brown was described as the instigator of the violence and was himself brandishing a metal bar.

But Mr James told the court the affray ended 'almost as quickly' as it had started, with everyone leaving the scene.

It was reported to police by a concerned parent and one of the teenagers involved, and three of the four defendants were 'rounded up' by officers within two hours.

The BB gun was subsequently found in Butler's Fiat Punto.

The court heard all four defendants were aged either 18 or 19 at the time.

Ben Clements (4072343)
Ben Clements (4072343)

Brown, Ben Clements and Teddy Caves, now all aged 21, admitted affray, having originally been charged with violent disorder.

Brown was handed 12 months' imprisonment suspended for two years.

The scaffolder, of Hever Avenue, West Kingsdown, must also carry out 200 hours of unpaid work.

Apprentice electrician Clements, described as Brown's 'right-hand man', and Caves were both given a 10-month jail term suspended for two years, with 160 hours' unpaid work.

Teddy Caves (4072335)
Teddy Caves (4072335)

Butler, also 21, admitted affray and possession of an imitation firearm - a BB gun - with intent to cause fear of violence.

He will be sentenced in two weeks' time but was told by Judge Martin Huseyin he faces up to 14 months' immediate custody unless 'compelling and unusual' reasons enable him to also suspend his prison term.

Imposing the suspended sentences last Wednesday, September 5, Judge Huseyin said such violence between large groups 'really scared' the public.

Addressing Brown in particular, he added: "It is the sort of behaviour that makes the public, when they see or hear about it, feel unsafe on the street.

"It's not all about you and how you interact with another young man. It contributes to a nasty, general atmosphere of it not being nice for the general public to be out.

"That is why the courts need to take these offences seriously. That's why you came so close to immediate custody."

Maidstone Crown Court. Stock picture
Maidstone Crown Court. Stock picture

Judge Huseyin explained the disparity in sentences reflected Brown's role and his 'hostility based on sexuality' towards another youth, whether the comment was 'throwaway' or not.

But he also told Brown he had his age 'in his favour', as well as having 'grown up' since the incident, he was hard-working and had no other previous convictions.

Judge Huseyin told Clements, of Strickland Avenue, Dartford, he was 'particularly stupid' to have got involved and acted out of 'misguided loyalty' to his close friend Brown.

But he added he had 'slightly redeemed' himself by realising the situation had got 'out of hand' and preventing others from being attacked.

Unemployed Caves, also of Hever Avenue, West Kingsdown, was said to have left the fighting at an early stage.

But the judge said he was sentencing him on the basis he had been involved in the violence and knew others were 'brandishing or threatening' with weapons.

Benjamin Gordon, defending Butler, said although the weapon looked real and was 'certainly capable of inducing significant fear', it was nothing more than a toy.

"It is right to point out, as shocking as it may be, that those BB guns are sold ubiquitously and legally," he added.

Butler, of Westwood Road, Stockbury, near Sittingbourne, and who works for a lift installation and maintenance company, was released on conditional bail until he is sentenced on September 21.

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