Nathan McCarthy faces Tweed court on resisting arrest charge

A man who was pepper sprayed and tasered in a short-lived siege in the bedroom of his family home has faced court for resisting arresting police officers.

A man who had a mental health episode and fought off four police officers, capsicum spray and tasers in an effort to avoid going to hospital has been treated with compassion by a court.

Nathan McCarthy, 32, of Banora Point appeared in Tweed Heads Local Court on charges of resisting police, two common assault offences, and breaching an apprehended violence order on Wednesday (August 31).

Police were called to the Banora Point residence after McCarthy was being verbally abusive towards family members, police facts stated.

Nathan McCarthy was pepper sprayed and tasered in a short-lived siege in the bedroom of his family home.

Officers tried to speak to McCarthy, who, according to court documents, became argumentative, and told police to turn off their body cams.

Police tried to negotiate with McCarthy, telling him they intended to have an ambulance take him to hospital for treatment.

But when an ambulance arrived, McCarthy locked himself in his room.

According to police facts, officers kicked in his bedroom door, telling him to get on the floor to be handcuffed.

But as they approached, he swung an arm at officers, and was twice sprayed with capsicum spray, according to court documents.

During the standoff, McCarthy was believed to be live-streaming the event on Facebook, police facts stated.

After the accused “moved toward police” on a “number of occasions”, he was tasered, but that proved ineffective and officers called for back-up, before he was eventually wrestled to the ground and handcuffed, police facts stated.

McCarthy’s lawyer told the court his client had suffered a mental health episode and had resisted police because of heightened paranoia and delusions.

“The voices in his head would start coming back”, when McCarthy would forget to take his medication, or his script would run out, his lawyer said.

Magistrate Geoff Dunlevy said the charge of resisting a police officer was “relatively serious”, but was mitigated because of McCarthy’s mental health.

On a charge of resist an officer while in the execution of his or her duty, Mr Dunlevy said this would normally attract a community corrections order, however he told the court a treatment order was more appropriate for the rehabilitation of someone dealing with schizophrenia.

No plea or conviction was recorded and the charge was dismissed unconditionally.

Mr Dunlevy sentenced McCarthy to a treatment order, ordering him to attend the Northern NSW Health District services and undergo any treatment advised.

The charges of common assault and contravening a domestic violence order were dismissed on the condition that McCarthy attend the health district for treatment for 12 months.

He is also not to use illicit drugs that may interfere with his treatment.

Mr Dunlevy warned McCarthy that if he doesn’t comply he will be back before the court and face criminal proceedings.