A drunk thug knocked a grandad to the floor and took out his tooth with an elbow to the face.
James Tully, 38, was sentenced at Liverpool Crown Court on Friday (June 9). He was convicted of assault resulting in actual bodily harm in a trial this week.
Prosecuting, Zahra Baqri told the court that an 80-year-old man, who the ECHO has chosen not to name, was in Newsham Park with his family and friends on May 1, 2022. The man had taken his granddaughter fishing at the park's lake.
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Tully was drunk and in the park with his two dogs, who were aggressive and off their leads. He approached the group, mistakenly believing they had been shouting at him.
Unprovoked, he then hit the 80-year-old man in the face with his elbow, knocking him to the floor. The blow also knocked out a tooth and caused the victim's mouth to bleed.
Tully ran off but was arrested nearby. In an interview, he denied committing the offence and claimed that the other party was drunk.
This was rejected by a jury, who convicted him unanimously. Tully refused to attend his sentencing via video link from prison.
He was also tried in his absence. Judge Mr Recorder M C Blakey explained Tully was removed from the court "due to outbursts" and a lack of cooperation with the judicial process.
He was not represented by a lawyer. The judge explained that numerous advocates had represented Tully during the process but they had to withdraw due to his actions.
Tully, who has 45 previous convictions for 134 separate offences, is currently serving a five year prison sentence for a robbery committed at Asda on Smithdown Road on September 9, 2022.
During that incident, he attended the store to buy alcohol and barged through the store's barriers to enter. When confronted by three members of staff and asked to put down his basket of alcohol, he threatened to stab them.
Ms Baqri said Tully has an "extensive criminal record", which includes many thefts and assaults. He has a long history of offending, which has seen him shoplift with his two dogs.
The court heard that he had threatened to stab staff at Tesco as well as threatening to set his dogs on them. In April 2021, he was banned from entering every branch of Tesco in the city of Liverpool.
Sentencing, Recorder Blakey said: "He elbowed the 80-year-old man in the mouth with some force. He spat out a tooth onto the ground and fell to the floor as a consequence of what the defendant did."
He said: "The victim was dazed, his tooth was taken out", and added "bruises appeared under his eyes as a consequence.
Recorder Blakey said: "The defendant was arrested nearby. In interview, he denied committing any offence and claimed the other party were drunk. The jury clearly rejected it."
The judge continued: "The defendant is a 38-year-old man and he has a vast number of previous convictions" and added: "threatening people with violence is a trait of his".
Tully, of Lowfield Road, Knotty Ash, was handed a nine month jail sentence. This will run consecutively to the sentence he is currently serving.
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