Dad living rough goes into rage over contact demand
■ Elliott Everton, 38, who had been living in a tent, smashed windows at an Ashbourne café because its owner would not pass on his contact details for his ex-partner and family.
A 38-YEAR-OLD man living in a tent smashed windows at an Ashbourne café because its owner would not pass on contact details for his ex-partner and daughter.
Derby Crown Court was told how Elliott Everton was in a relationship with the café owner’s sister – but she left him, taking their daughter with her.
Everton demanded the café owner put him in touch with them.
After she refused, Everton threw bricks through the window of the Tunnel Café, in Church Street, and ripped up plant pots.
The offences put Everton in breach of a suspended sentence order handed to him after he punched a man so hard the victim had to have his lower teeth removed.
Will Bennett, defending Everton, told the latest court hearing: “These offences took place at a time when his life was fairly chaotic.
“After his partner left him with their teenage daughter, he found himself homeless and, for the past 10 months, he has been living in a tent.
“He does not know where they live and asked the complainant for contact details so he could speak to his daughter but she refused.
“He was previously using drugs but he has sadly substituted his drug use with the use of alcohol and in drunken moments he feels sorry for himself and then goes out and commits these offences.
“It is no excuse, it is something he regrets.”
Mark Knowles, prosecuting, said the two criminal damage offences took place at the Tunnel Cafe, in Church Street, on separate dates in July.
He said: “The complainant reported various instances of damage at the cafe including smashed windows and ripping up of flower pots between March and July of this year.
“She suspected it was this defendant and so paid to have CCTV installed which captured him on July 8 and 18 carrying out the damage.
“In her victim personal statement she says she has had to close the cafe for several hours at a time, while she clears up after the damage.
“She also said she has paid £200 to have the CCTV installed and has to pay for it to be monitored.”
Everton, 38, pleaded guilty to two counts of criminal damage. He also admitted to being in breach of a suspended sentence imposed at Derby Crown Court in April 2017 for assault occasioning actual bodily harm.
Mr Knowles said that stemmed from an argument in Ashbourne where Everton punched a man to the face so hard he “knocked him off his feet”.
He said the victim in that case had to have his lower teeth removed because of the injuries Everton caused.
Judge Jonathan Bennett jailed Everton for 21 days, telling him: “These were quite disturbing offences and while on one hand people might see this and think ‘it’s just a window and a few flowers at a café’ it had a very big impact on her and her business.”
As well as the jail term, Everton was handed a two-year restraining order not to go within 50 metres of the café or the victim’s home address.