I’m going to kill you, hammer thug told his neighbour
A ScotRail worker who threatened his neighbour with a hammer has been slated for his “vigilante” actions by a sheriff.
William Harvie, 44, produced the weapon at next-door-neighbour Thomas McElroy and made a string of threats including, “I am going to f**king kill you.”
Paisley Sheriff Court heard bad blood between Harvie and the complainer over the behaviour of McElroy’s Alsatian dog had led to incidents between the men.
Previously, Mr McElroy had been found not guilty after trial of a charge of assaulting Harvie with a dog leash.
Days after this acquittal, he walked into the back garden wearing “a smirk” which prompted dad-of-three Harvie to come to the fence, brandish the hammer at him and make a string of threats.
The incident, which took place on June 7 last year at Oliphant Crescent in the town’s Foxbar area was captured on CCTV, which was played in court.
Procurator Fiscal depute Frank Clark told the court: “It would appear there is a history between the accused and Mr Elroy, which occurred prior to this.
“Mr McElroy had gone into the back garden where the accused was present.
“In the accused’s right hand there can be seen a hammer. He is standing at the fence. From behind him he produces the hammer.
“The footage shows he remains with one leg and torso in the curtilage of his own premises.
“He made the following comments, ‘I am going to f**king kill you,’ ‘ You wee p****,’ ‘Do you think it is over?’ and ‘It is not finished.’”
The prosecutor added Mr McElroy had been previously been charged with assaulting Harvie, however, he was found not guilty after trial.
The complainer, who sometimes stays with his girlfriend at the address, had captured the incident on a private CCTV system which was handed to the police.
The ScotRail maintenance crew worker Harvie pleaded guilty to a charge of behaving in a threatening and abusive manner, likely to cause a reasonable person to suffer fear and alarm, in that he shouted, swore, uttered threats and brandished a hammer at the complainer.
Defence agent Anthony Boreland said: “His neighbour has a large dog which he maintains was behaving aggressively towards his children - that is what started the dispute between them.
“His neighbour was asked to control the dog as it was frightening the children. He himself was assaulted by the complainer, however the complainer was found not guilty after trial.
“The incident itself was the first time he had clapped eyes on him.”
The lawyer said Harvie accepted he had behaved “entirely inappropriately” because “he had the hammer in his hand when he made these comments.”
Sheriff Craig Harris tore a strip off the accused for his hammer threats.
He said: “Two weeks after a trial in which he was acquitted, you brandished a hammer at him and uttered threats as part of some vigilante type of actions.
“This is a serious matter.”
He adjourned sentencing Harvie to call for background reports including a Restriction of liberty assessment.
He will discover his fate when he appears back at court on September 16.