Two jailed over brawl that broke man’s jaw
Victim had to have injury treated with plates and pins
Three thugs have been sentenced after a bar brawl that left a man with a broken jaw in two places.
Gary Howarth, Stefan McIlloney and John McDonald left Kevin Ferguson with a broken jaw after a bar fight broke out at Smith Street in Ayr on February 18.
Howarth, McIlloney, and McDonald had been attending a private memorial function at Crumbs and Cocktails on the evening of the incident.
Ayr Sheriff Court heard Mr Ferguson attempted to enter the bar but was told it was a private gathering and last orders had been called.
He then left when a confrontation occurred outside of the pub, leaving Mr Ferguson needing two metallic plates and six screws placed to allow his jaw to heal.
The court heard Howarth and McIlloney, both currently prisoners at Barlinnie Prison, were arrested on March 5 with McDonald, of York Street Lane in Ayr, handing himself in the next day.
Defending Howarth, 31, solicitor Peter Lockhart said: “He ( Howarth) wasn’t the first person to become involved.
“He doesn’t shy away from his involvement and very much regrets his actions in this. His recollection of exactly what happened was he simply couldn’t remember because he’d been drinking heavily that night.
“There was an absence of civilian witness claims and other civilians were unaware of who did what.
“He does have a record for violence and he’ll have to accept that.
“He’s been in custody since March 5 so in essence that’s a four and a half month sentence.”
Another solicitor Ian Gillies, who was defending McIlloney, told Sheriff John Montgomery his 25- year- old client, was standing 20- feet away from the incident with his sister. Mr Gillies said: “It’s clearly seen in the CCTV that Mr McIlloney is not involved to begin with.
“He has seen this incident and he initially went over to try break it up. However you see him involved with Mr Ferguson.
“He then is dragged away by his sister.”
The sheriff questioned why “three set upon one”.
But solicitor Steven Maxwell, defending McDonald, 32, said: “I’m not sure ‘ set upon’ would be accepted by Mr McDonald.”
Mr Maxwell said his client was the “attempted peacemaker” in the bust- up.
Solicitor Gillies added: “Once punches are thrown, people get involved.”
The three men pled guilty to, while acting together, assaulting Kevin Ferguson by punching him repeatedly on the head and body, seizing hold of him and pushing him all to his severe injury.
Both Howar th and McIlloney were sentenced to 14 months imprisonment, backdated from March 5.
McDonald was sentenced to a community payback order, as an alternative to custody, and must carry out 200 hours of unpaid work.