Kyle Robert Rice faces Toowoomba Magistrates Court for breaking into Toowoomba business and threatening cops with fire extinguisher

When confronted by police a Toowoomba man discharged a fire extinguisher at an officer who had drawn his gun before he was tasered attempting to flee.

Police responding to a break-in at a Toowoomba business were forced to draw their firearms before tasering a man who had armed himself with a fire extinguisher and hammer when they arrived.

Toowoomba Magistrates Court on Friday was told that police responded to reports of a break-in at a Mort Street business about 3.15am on March 4, 2022.

When officers arrived, they found Kyle Robert Rice rummaging through the business, police prosecutor Sergeant Natalie Bugden said.

Kyle Robert Rice, 27, pleaded guilty in Toowoomba Magistrates Court to attempted enter dwelling with intent by break at night and possessing dangerous drugs.

After police called on Rice to surrender the 27-year-old armed himself with a fire extinguisher and a hammer, discharging the extinguisher at the two officers.

Despite one officer drawing his pistol and telling Rice to get on the ground he continued to advance on police, spraying foam in their direction for up to 40 seconds before attempting to flee.

The court was told Rice retreated back into the business where one of the officers tasered him, and he was taken into custody.

In court, Rice pleaded guilty to enter premises with intent and two counts of serious assault of police while armed, as well as a number of other unrelated offences.

Rice’s solicitor Alysha Jacbosen said her client had spent 116 days in pre-sentence custody on these matters, but had committed further offences for which he was jailed just days after being granted bail on these charges.

Ms Jacobsen said Rice’s actions were a result of his drug addict which stemmed from the loss of his mother and brother in the 2011 floods.

The court was told Rice had in past abused substances to block out those memories and to deal with his mental health issues, and at the time was trying to be sent to jail to stop using drugs.

Ms Jacbosen said Rice intended to enter residential rehabilitation, and was planning on funding a private placement, but compensation money from the 2011 floods was held in a trust and that his father had refused to release money for his son’s rehabilitation.

Acting magistrate Roger Stark jailed Rice for 18 months, setting a parole release date of September 6.