Teen fired starter pistol handgun during street confrontation in Loughborough

A teenager who shot a starter pistol during an early morning street scuffle has been sentenced.

Kyle Busby, who fired the weapon, then ended up fighting with a man in the street as the pair wrestled over a baton.

Busby's mother, Emma Moore, intervened in the skirmish and punched the man twice on the head with some keys in her hand, puncturing him twice.

At Leicester Crown Court, 19-year-old Busby pleaded guilty to possessing an imitation firearm, a handgun, with intent to cause those present to fear violence would be used against them or others, on Tuesday March 26.

42-year-old Emma Moore admitted an offence of battery against the man she wounded.

Watch footage of the gun being fired that was played in court below

Nicola Moore, prosecuting, said Busby's mother was  involved in a shouting match with her ex-partner the day before the incident and a neighbouring couple also became involved.

The next day the couple were taking their children to breakfast club at a nearby school, when Moore shouted abuse at them from her home in Russell Street, Loughborough.

Having dropped the children off, the returning couple became aware "something was going on" in the street involving Moore's ex-partner, who was also on the scene, at about 8.30am.

The prosecutor said that members of the public, including children, were in the locality when Busby came out of a nearby alleyway holding what looked like a handgun.

It was described as orange and black in colour and about nine inches long.

Nicola Moore said: "There was a noise of something firing, like a party popper, towards the witnesses who were alarmed.

"Others in the vicinity heard it bang and believed it to be a real gun."

An altercation then broke out between Busby and the male of the couple, as they grappled over another weapon, a baton.

Miss Moore said the defendant's mother approached with "keys in her hand"  and punched the male as he  wrestled with her son, causing a scratch to his neck and a cut to his ear - described as "jab wounds."

When interviewed by the police, Busby, of Leicester Road, Loughborough, made no comment, but later accepted the weapon was a starter pistol that he had acquired. It has never been recovered.

His mother claimed she was acting in self-defence.

What did the judge have to say?

Judge Nicholas Dean QC said: "I don't know the background to what happened, but it erupted into public disorder that's not appropriate on the streets of any town in this country."

He told Busby: "You produced a realistic looking firearm - it might have been orange coloured but you fired it in a way that must have given an impression to those who were there that it was real.

"It was particularly alarming and wholly inappropriate.

"You shouldn't have had such an imitation firearm; it serves no useful purpose.

"It wasn't a toy.

"It could only be used to frighten or intimidate in those circumstances.

"I hope it's been disposed of in a way so that it can never be used again, or if you still have it you can, perhaps, hand it into the police and you won't be prosecuted for that - I urge you to do that.

"You have educational difficulties but that doesn't excuse your behaviour, but it may go towards explaining it.

"You do have potential for a decent life ahead of you in the future.

"You've been on remand in custody since this happened and I think you've nearly spent enough time in prison."

The judge told Emma Moore: "Your involvement was discreditable and foolish."

Mitigation

John Greany, mitigating for Busby, said he had found his time on remand in custody "very hard" and had learned his lesson.

Catherine Rose, mitigating for Moore, said her client was currently seeking to move elsewhere.

She said Moore would abide by a restraining order.

The sentence

Busby was sentenced to 12 months detention.

Moore was given on a one year community order and placed on a two month electronically monitored curfew between 9pm and 8am.

The judge told Moore: "It's a form of part-time imprisonment in your own home."

Both defendants were made the subject of a five year restraining order banning any contact with the couple concerned in the incident.

Judge Dean said it was important that any "antagonism" between everyone involved in the incident did not continue and they should avoid each other.