Ashley Dean Martindale kicked man in head (From York Press)

Ashley Dean Martindale kicked man in head

8:33am Monday 15th February 2010

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A THUG who kicked another man’s head “like it was a rugby ball” has been jailed for ten months.

Ashley Dean Martindale, 22, twice aimed kicks at Andrew Ferrara at the side of the River Ouse near Fulford, said Rob Galley, prosecuting at York Crown Court.

Mark Jackson, an off-duty police community support officer, who was strolling along the riverside at the time, described Martindale’s first blow in a statement as “a hard kick, like kicking a rugby ball as hard as he could.” The second was less severe.

Mr Galley said the attacker had been on a suspended prison sentence at the time. Martindale’s friend, Benjamin Roach, 21, punched the victim several times in the face and both men also assaulted a fourth man, Andrew Butterworth, in the incident that began with an argument over a rolled-up cigarette.

Martindale, of Thames House, Albert Street, off Walmgate, was jailed for ten months, which included serving the suspended sentence. Roach, of Medway House, Walmgate, was given a 42-week prison sentence, suspended for two years on condition that he does 75 hours’ unpaid work, two years’ supervision and goes on an anger management course. Both men pleaded guilty to two charges each of assault causing actual bodily harm.

Mr Galley said Mr Ferrara and Mr Butterworth had gone down to the river at about 7.15pm on May 9 to smoke a rolled-up cigarette. Martindale and Roach approached and an argument over the cigarette developed into a scuffle.

For Roach, Glenn Parsons said the incident began with an argument about who owned the cigarette. Then Mr Butterworth, Mr Ferrara and a friend of theirs picked up Roach and swung him as though they would throw him in the river. Roach struggled and hit out in the heat of the moment. Since the fracas, he had “grown up a lot”.

For Martindale, Helen Hendry said her client had been in a bad mood that evening. He had fallen out with his girlfriend and drunk too much. Since then, he had curbed his drinking. He could be a good worker.

Mr Galley said that Mr Ferrara suffered minor injuries to his face and thumb, and Mr Butterworth suffered a split lip.

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