Gympie region man in court for ‘violently resisting’ arrest

The 42-year-old man had to be restrained by two police officers who were worried he was going to use a pair of scissors as a weapon, a Gympie court heard.

Damien Anthony Wemmerslager, 42, pleaded guilty in Gympie Magistrates Court to obstructing a police officer at Tin Can Bay on May 24 2020, the same day as violence related charges he pleaded guilty to in Gympie District Court last Thursday.

A 42-year-old Gympie region man escaped jail time on Monday after he “violently resisted” arrest outside a Tin Can Bay unit in 2020.

Damien Anthony Wemmerslager pleaded guilty in Gympie Magistrates Court to obstructing a police officer at Tin Can Bay on May 24, 2020, the same day he was charged with burglary with violence while armed and wilful damage.

He pleaded guilty to those charges in Gympie District Court last Thursday.

Police prosecutor Michael Phillips said police were called to the Tin Can Bay address after reports of a dispute between two men.

Sgt Phillips said police could smell alcohol on Wemmerslager’s breath when they asked him to state his name, but he refused and said he was dyslexic and autistic.

Wemmerslager then went inside the house to find an identifying document, and was followed by a police officer.

“Observed on a table was a large pair of scissors and fishing apparatus,” Sgt Phillips said.

Once inside, Wemmerslager continued to refuse to give his name, before he walked towards the table and placed a cigarette packet beside the scissors.

“The officer became concerned the defendant was reaching for the scissors due to his proximity,” he said.

Wemmerslager was arrested outside and had to be restrained by two officers.

After a struggle, he was taken to the police watch house.

Defence lawyer Leon Casey said his client has left the Tin Can Bay address and was living with his brother.

He said Wemmerslager has not committed a crime, or had alcohol, since that day.

Wemmerslager was sentenced to seven days behind bars, suspended for four months.

He was given a head sentence of one year behind bars, suspended for two years for the charges in Gympie District Court.