A Paisley drug addict asked a sheriff for a jail sentence as he knew he “wasn’t in a position” to comply with a court order.
Opportunistic David McCarthy stole a mobile phone from a parked car while the owner was in a takeaway shop in the town’s Maxwellton Street on December 12 last year.
Two days later, he stole a smart watch from another parked car in Inverkar Drive. The 41-year-old thug then threw a fire extinguisher out of a window in George Street in September.
The procurator fiscal depute told Paisley Sheriff Court: “Around 3.10pm on September 12, a female was within her home and heard footsteps in the property above and assumed it was her neighbour.
“She then heard a loud bang and looked out of her window and observed a red fire extinguisher on the ground surrounded by shards of broken glass. Police were contacted and attended.”
The court heard McCarthy, described as a resident of problematic homeless unit My Motel, was subject to four separate bail orders – all granted at Dumbarton Sheriff Court.
The prosecutor then explained how McCarthy stole a mobile and a smartwatch from two separate cars in December 2023.
The court heard: “On December 12, 2023, the complainer parked his car outside of Paisley Grill and Desserts in Maxwellton Street and due to being directly outside the shop, didn’t lock the vehicle. The owner left their mobile phone in the vehicle.
“CCTV captured the accused look inside the shop and then walk towards the vehicle and double back on himself before crouching down.
“The accused is then seen on CCTV walking away quickly. A parked ambulance was nearby and a staff member observed the incident and contacted police.
“Officers observed the accused on George Street and when he was informed of the allegation, he reached into a bag he was carrying and retrieved a black iPhone and stated, ‘right, I’m sorry, I’ll just give it back’. He handed it to officers and he was cautioned and charged.
“And on December 14, police drove into Inverkar Drive in Paisley and observed the accused in a parked vehicle with the internal light on and the driver’s door ajar. On observing the officers, he exited the vehicle and made off on foot.
“He was apprehended and appeared nervous and physically agitated. He was detained and recovered from his jeans pocket was a Garmin smart watch. No reply was made to caution and charge.”
Defence agent David Nicholson told the court there was “very little to say” and that McCarthy “fully recognises he’s not in a position to consent and comply with any alternative sentence”.
He added: “He is a man who has regrettably been ravaged by drug misuse. He is ashamed of his behaviour. He has been rough sleeping, sofa surfing and living in environments that make it tough to escape drug addictions.”
Sheriff Sukhwinder Gill stated: “I see you’re a man of 41, you have previous convictions for violence and non-violent offending. It’s always been noted since 2003 that you’ve been under the influence and, at the time of this offence, you were under the influence of street Valium struggling to cope with anything in your life.
“You’ve made it clear you won’t comply with supervision, you won’t complete unpaid work and that you won’t comply with a restriction of liberty and that you would prefer a custodial sentence.”
McCarthy was jailed for 145 days backdated to September 13.
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