Drunk who kicked cop in groin tasered

A DRUNKEN hotel patron at a Toowoomba CBD pub had to be capsicum sprayed then tasered before being subdued during a violent struggle with police during which he kicked a senior constable in the genitals, the city's Magistrates Court heard.

Daniel Liam McKinnon, 39, had been refused service by staff of The Gladstone Hotel just before 9pm Tuesday due to his state of intoxication, the court heard.

He became verbally abusive toward staff and struck and damaged a Keno machine as he left the hotel, alarming staff and patrons at the pub, police prosecutor Senior Constable Alistair Windsor told the court.

Police called to the disturbance went to restrain McKinnon who shouted to them "You're going to have to shoot me" before placing his hands behind his back and down his pants, Snr Const. Windsor said.

RELATED: Man accused of kicking cop at Toowoomba CBD pub

Concerned police then warned him he would be capsicum sprayed if he didn't comply with their directions, but he continued to resist arrest and was sprayed.

However, the capsicum spray had little effect and McKinnon attempted to run off, kicking out at an officer striking him in the upper thigh and genital area causing immediate pain and leaving a bruise, Snr Const. Windsor said.

Running off into the adjacent alleyway, McKinnon again refused repeated requests to stop resisting arrest and another altercation with police ensued.

When he ignored warnings he would be tasered, a police officer deployed a Taser but he kept struggling until eventually subdued by police and taken to the watch house, the court heard.


Having spent the night in custody, McKinnon appeared before Magistrate Damian Carroll to plead guilty to serious assault of police, behaving in a disorderly manner, and two counts of obstructing police near a licensed premises.

His solicitor Kyna Morice said her client had recently moved from South Australia to make a fresh start in Queensland and had settled on a semi-rural property on Toowoomba's outskirts.

Though he had an unenviable criminal history including a previous conviction for similar offending in South Australia, it had been seven years since her client was in any serious trouble with police and he was now a different man, she submitted.

Her client had been grieving the loss of a family member and drinking with friends in the lead-up to Tuesday night's incident.

He had become upset at the way he was refused service by hotel staff, but he realised he had done the wrong thing and accepted responsibility for his actions, Ms Morice said.

Mr Carroll said he considered McKinnon's offending as serious and sentenced him to six months' jail but ordered he be released on parole immediately.

He was also fined $600.

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