De’wayne Smith claims to have coronavirus, allegedly spits on police
A St Marys man is accused of coughing at police, telling them he had the coronavirus, throwing his hamburger in their face and biting one officer on the finger.
Penrith
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A man who claimed to have coronavirus has been charged after allegedly spitting and coughing on police in Sydney’s west overnight.
De’wayne John Smith, 46, faced Penrith Local Court today and pleaded not guilty to five counts of assaulting police and another of malicious damage after his alleged drunken tirade against officers in St Marys on Sunday night.
Reading the facts to the court, Magistrate Brian Van Zuylen said police were called to Gabriels Ln at about 7.30pm after receiving a report from a member of the public about Mr Smith lying intoxicated in the middle of the roadway.
When police arrived, Mr Smith was found in a car eating a hamburger and chips with his partner.
The court heard he repeatedly told officers he had COVID-19 and allegedly coughed numerous times at officers without covering his mouth.
A constable intervened and placed his hand on Mr Smith’s mouth when he allegedly threw his hamburger at another officer.
He was arrested and an ambulance was called to check Mr Smith’s coronavirus claims.
When an officer tried to place a mask on his face, he allegedly bit the officer on the thumb, causing immediate pain.
Paramedics cleared him for the virus and he was taken to Penrith police station however, officers required testing for hepatitis C due to Mr Smith having the disease.
It’s alleged he assaulted officers at the station, threatening to kick two males officers “in the nuts” when they tried to remove his belt and shoes.
A short time later, he allegedly removed his pants and urinated in his cell, with the puddle spilling outside the cell.
The court heard Mr Smith was “irate and aggressive” towards police, allegedly yelling at officers: “Let’s go outside. You, me, now”, before slipping in his own urine and falling over.
Mr Van Zuylen said Mr Smith had a lengthy criminal record and had been convicted of assaulting police in the past.
In refusing bail, Mr Van Zuylen said the alleged assault was concerning due to it being “unprovoked”.
“The nature of these charges is so serious, there is an unacceptable risk of him committing further offences and endangering the safety of the community,” Mr Van Zuylen said.
He was refused bail to face Penrith Local Court on May 4.