David Petherick sentenced for assaulting cop at Parramatta

An ex-serviceman battling alcohol abuse confronted police at a western Sydney train station where he trapped one under his torso. Find out his punishment for the attack.

A drunk David Petherick landed in court after clashing with cops at Parramatta train station.

A labourer who has struggled with alcohol dependency since he returned from serving in Afghanistan has been sentenced after he attacked two policemen at Parramatta train station in December.

Under the influence of alcohol, David Petherick confronted a sergeant and constable on December 9 when they were arresting another man for an unrelated incident at the station’s eastern concourse on Argyle St after 9.30pm.

The cops repeatedly requested for Petherick – who did not know the other man in trouble – to move on so they could carry out their duties.

But the cops’ attempts to reason with him were unsuccessful and he continued to argue with them, stating he wanted to film them.

Police were required to physically move the Merrylands man 20m where he was unhandled and told he could film them safely from that location.

David Petherick leaves Parramatta Local Court after learning his punishment for the December incident.

But the situation escalated when he was warned about failing to move.

Police facts tendered to court said: “The accused turned around and said: “Did you just touch a soldier? Let’s go then!’’

Petherick began removing his backpack.

Police feared a violent confrontation was about to erupt and the constable Decena grabbed Petherick’s left arm.

Fighting back, the offender grabbed the cop’s collar and wrestled with him before Petherick was taken to the ground.

But the constable was soon injured and trapped between Petherick’s torso and the ground, “requiring several strikes to remove the accused grip”.

He was handcuffed and arrested. The policeman was left with red marks visible from the neck area.

Petherick had red marks and swelling to the right side of his face and top of his forehead.

He was taken to Blacktown police station where “his demeanour changed significantly after sobering in custody’’.

“(Patherick) states that he suffers from undiagnosed mental illness and utilises alcohol for self medication,’’ police facts state.

He was charged with assaulting a police officer in the execution of duty without actual bodily harm and hindering or resisting police officer in the execution of duty.

On Thursday, Petherick told Parramatta Local Court that he turned to drinking after returning from Afghanistan and had sought help from rehabilitation programs including Alcoholics Anonymous since his arrest.

“I’m not trying to make excuses for my actions,’’ he said.

Magistrate Kate Thompson acknowledged that Petherick was affected by alcohol when he attacked the sergeant and constable, but that failed to make the offences – which each carry a maximum five-year jail sentence – less serious.

“It’s clear from your record you have a problem with alcohol,’’ she said.

Despite having a “limited criminal history” that includes intimidating police and damaging property, it “does speak of someone who has issues around alcohol abuse’’.

Ms Thompson convicted Petherick of each offence and sentenced him to a 12-month community correction order, giving him a 25 per cent discount for his early plea of guilt.

“It’s clear that you are extremely remorseful,’’ she said.

He must also undertake ongoing counselling to address alcohol problems.

If you are struggling with drug or alcohol dependency, the National Alcohol and Other Drugs Hotline can help: 1800 250 015.