A HEROIN addict who threatened two brothers with a pickaxe and had his bags packed ready for jail will be given yet another chance to turn his life around.
Ross Nelmes was handed a deferred sentence by Judge Martin Jackson at Worcester Crown Court - just four days after he was released from prison after serving time for shoplifting offences.
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The 45-year-old of Chedworth Drive, Warndon, Worcester had already admitted affray and possession of an offensive weapon (the pickaxe) on March 29, 2019, the case delayed because of a trial involving Worcester's 'Francis brothers' although the case against them has since been discontinued.
PACKED: Ross Nelmes was packed for prison. He did not need his bags in the end because he was given a deferred sentence by Judge Martin Jackson.
Amrisha Parathalingam, prosecuting, said there had been a meeting between Nelmes and the Francis brothers in Cranham Drive, Warndon, to purchase drugs and that the meeting 'became violent'.
"He removed the pickaxe and started waving it around, threatening the Francis brothers with it," she said.
Members of the public dialled 999 and police arrived and all three men were arrested.
A pickaxe and stun gun were recovered.
Nelmes, who has 26 previous convictions for 61 offences, was interviewed by police.
RECORD: Ross Nelmes has a long record before the courts. Photo: West Mercia Police
Miss Paratalingam said: "He accepted he was going to purchase drugs from the Francis brothers that day.
He accepts taking the pickaxe with him as he was concerned about being assaulted. He said it was taken off him by the Francis brothers."
Nelmes does have a previous conviction for affray dating back to 1995 and also a conviction for possession of a bladed article which would make eligible for a minimum six-month jail term.
Lee Masters, defending, explained that Nelmes did have other theft convictions, committed since these matters.
The sentence hearing had been delayed because the court was awaiting the outcome of a trial involving the Francis brothers.
"All of the offences are, in fact, shop thefts" said Mr Masters. A series of suspended sentences were imposed on Nelmes but these were ultimately activated in the form of a 21-week prison sentence. "Mr Nelmes has entered court today with two bags. He was anticipating an immediate custodial sentence" said Mr Masters.
He added: "It's only four days since he was released from prison."
Nelmes was said to be engaging with drug rehabilitation via Cranstoun, had been placed on a methadone prescription and was said to be seeking employment.
Judge Jackson deferred sentence until July 11 with the following 'expectations': that Nelmes commit no further offences; that he keep his appointments with the probation service as part of his post-sentence supervision; that he keep his appointments with Cranstoun.
The judge warned him that if any of these expectations were not met 'there's only one outcome and that's the outcome you have come prepared for with the two bags'.
"It strikes me, perhaps just ordering a pre-sentence report at this stage may not give enough time to see what Mr Nelmes is going to do with his life" said the judge.
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