Disabled man, shot by police in armed stand-off, is jailed for four years
A DISABLED man who was shot twice in an armed stand-off with police has been jailed for four years but his fiancé, whom he threatened, has vowed to stay with him.
Simon Tandy, 48, from Keynsham, was shot by police in the stomach and leg, after he was surrounded by armed officers during the incident at his home in May.
Police were called at 6pm when Tandy, who was left paralysed down one side by a stroke, picked up his air riffle during a heated argument with fiancée Malandra Marshall and discharged it.
Miss Marshall, who managed to flee the property with her dog, dialled 999 after Tandy threatened to shoot the animal.
Armed officers surrounded the property and Tandy emerged from the front door with the Hw35 air rifle before raising it towards them.
The police first attempted to disarm Tandy by shooting him in the stomach with a baton round, with the impact throwing him backwards.
However, the court heard Tandy managed to hold on to his rifle and as police approached to restrain him, Tandy pointed it towards the lead officer’s head.
An officer shot Tandy in the left leg with a live round. The bullet went through his thigh, shattering the bone.
Bristol Crown Court heard Tandy was restrained and taken to hospital, where he required two weeks of treatment for the injury, deemed “significant”.
Tandy later admitted a charge of possessing a firearm with intent to cause fear of violence and making use of a firearm with intent to resist arrest.
The defence argued that although the rifle was legal and not loaded, the police were correct in reacting in the way they did.
His fiancé, who was present in the public gallery, has said she will stay with Tandy throughout his prison sentence and till loves him.
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Mr Recorder Ignatius Hughes QC jailed Tandy for four years and praised the officers who tackled him.
He said: “Officers were put in a very difficult position of seeing an armed man sitting in his wheelchair at the entrance of the house and not complying with their instructions.
“You raised the gun in the direction of two armed officers. They showed great bravery in not at that point discharging a weapon at you.
“Other armed officers closed in and your gun turned towards them. One of the two officers that had been crouching behind the vehicle discharged a baton round at you.
“That hit you back in your wheelchair but your weapon was not dropped.
“As officers continued to come towards you your gun was pointed towards one of the officers. His perception was that he felt himself in mortal danger.
“It was at that point that a firearms officer discharged his weapon at you.
“He was sufficiently professional, cool and brave not to fire a shot at you that killed you or disabled you further.”
Mark Hollier, prosecuting, told the court Tandy has been in a relationship with Miss Marshall for three years and had been drinking cider throughout the day of May 7 while Miss Marshall was out.
A row started when she returned to the property, resulting in her packing her bags to leave.
Mr Hollier explained that the “catalyst” of the argument occurred when the defendant said to her words to the effect of “you are not taking the dog”.
Mr Hollier said: “She said she was certainly taking the dog and the row moved up a notch. The defendant said he would shoot the dog rather than let her take him.”
Tandy fetched his air rifle from a wardrobe and Miss Marshall called the police, which recorded a loud “pop” made by the gun moments later.
Miss Marshall picked up the dog and fled from the property before armed officers arrived at the house. They were unaware she had left the property.
Mr Hollier said: “The front door opened, the defendant appeared in his wheelchair. Across his lap was the air rifle. He raised it and pointed it directly at two officers.”
The officers were crouched by their cars and shot Tandy with a baton round when he swung the gun from them and towards other police.
“Officers ran forward to physically detain him,” Mr Hollier said. “The defendant raised his weapon and pointed it directly at the lead officer, straight at his head.”
An armed officer used his G36 Carbine rifle to shoot a live round at Tandy, seriously injuring him in his left leg, the side paralysed by one of his strokes.
The court was told one witness described the stand-off as “one of the bravest things he had ever seen”.
Defending Tandy, Charles Row said the air rifle, which does not require a license, was originally purchased to shoot rabbits and that rifle was not loaded during the incident, though still made a loud “pop” when fired.
Mr Row said: “No-one knew this to be so. Really, no-one was in any danger from him during the course of this incident.”
He added: “There is no criticism of the police. As Mr Tandy says, ‘when somebody raises a gun, what do you expect?’ He has paid the price for that.”
The court heard Miss Marshall will support Tandy through prison and still loves him.