A former soldier who repeatedly kicked his neighbour in the head in front of shocked children at a Kirkby primary school was spared jail.
Mark Evans attacked Andrew Woodley – who was with his two-year-old daughter – at the gates of Park Brow Community Primary School.
Liverpool Crown Court heard that Evans, 32, punched his victim following a long-running feud between the next door neighbours.
Evans, who is said to be suffering from post traumatic stress disorder, served for six years in the 1st Battalion King’s Regiment, completing tours in Afghanistan, Iraq, Kosovo and Northern Ireland.
Laurence Lee, defending, said: “The fact that he witnessed some terrible scenes, witnessed his friends being injured and in some cases losing their lives, that has had a terrible effect on him.
“He told the probation officer ‘I dealt with this situation in a military manner rather than a civilian manner’.
“That is not a defence, but may suggest to this court that this is a defendant in need of help.”
Anya Horwood, prosecuting, said the confrontation happened at the Broad Lane school in the afternoon of June 29 this year.
She said it followed a feud between the two families living in Kirkby Row, Kirkby, which had led to a row between the two men’s girlfriends.
Miss Horwood said Evans punched Mr Woodley to the ground before kicking him in a sustained assault.
The defendant then walked away, got into his car and drove off.
The school’s headteacher called 999 and police and an ambulance attended the scene.
Mr Woodley suffered a black eye and bruising to his face and head.
Evans pleaded guilty to assault causing actual bodily harm.
Judge Denis Watson, QC, said he believed sending Evans to prison would mean “the issues you have are just unresolved”.
He said: “It seems quite likely to me in a similar situation, there is a real risk the same thing would happen.
“The probation service have identified areas you can work with them on. I am prepared to suspend the sentence because of your shame and admissions in interviews.”
Judge Watson handed Evans 12 months in prison, suspended for two years. He was handed a curfew and told to complete a 60-day rehabilitation programme.
Source: http://www.liverpoolecho.co.uk/