A MAN who repeatedly hurled threats and abuse towards his ex-partner and told her he'd set her home on fire has been given one final chance to accept his culpability and avoid jail.
A sheriff slammed John McKellar for his attitude after the 35-year-old told social workers that he would carry out a community-based sentence “if I have to”.
McKellar appeared at Kilmarnock Sheriff Court for sentencing after pleading guilty to a series of offences committed at his ex’s home in Kilwinning and his own address on Calderpark Street in Lochwinnoch.
He repeatedly shouted and swore at his then partner in Kilwinning on December 28, 2022 before taking a vehicle without the owner’s consent, without a licence and without insurance.
On the same day, at his home address, he behaved in a threatening or abusive manner towards police by shouting, swearing and threatening them with violence, as well as resisting arrest by struggling violently with four officers.
On May 16 last year, McKellar returned to his now former partner’s address, where he shouted, swore, acted aggressively and repeatedly threatened her and another woman with violence.
He made threats to kill the second woman’s children, threatened to set fire to his ex’s home, indicated he had damaged her property, threatened to take her dog away, and caused damage to her bike.
McKellar also breached a bail order, imposed following the December incident, banning him from contacting his ex or entering her home address.
Sentence had been deferred on all matters to allow social workers to prepare a background report.
Sandy Currie, defending, said: "He previously pleaded guilty at the first diet.
"At that time, the previous sheriff remarked that he was showing reluctance to accept assistance and guilt.
“He understands where he is now. He understands he doesn’t have the choice in how matters proceed.”
But Sheriff Alistair Watson said the social work report indicated a reluctance on McKellar’s part to comply with community orders – something he said left the court with little option other than a custodial sentence.
Sheriff Watson said: “He is making the decision of the court very easy given his reluctance to comply with community orders.”
Mr Currie replied that McKellar had been offered a further meeting with social workers, who would be able to prepare another report before sentencing.
He said: "I am asking for one further opportunity here. He tells me there is a change in his attitude."
But Sheriff Watson found trouble in accepting that this would be the case.
He told McKellar: "This is a dreadful letter I have received. The question for me is whether to send you to prison today or wait for a second report.
"When asked about community orders, you have said 'if I have to do it I will'.
"That is not what I need to read. I need to read about an adult admitting what they done and admitting a need to change, not someone who thinks this is a waste of time.
“Is there any point in further reports?"
In the end the sheriff agreed to defer sentence further for a second social work report.
But he warned McKellar: “I hope you don’t go out here thinking I am some sort of empty vessel. You may still go to prison for this.”
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