A magistrate praised the police involved, saying they “handled themselves exceptionally well” during the incident which could have seen someone killed.
Brayden Donnelly, 31, from Shepparton, applied for bail in Shepparton Magistrates’ Court.
He is charged with recklessly assaulting an emergency worker, four counts of threatening injury to avoid arrest, using a controlled weapon, using a prohibited weapon, possessing a controlled weapon, possessing methamphetamines, possessing diazepam and possessing Lyrica.
Detective Acting Sergeant Andrew Costello told the court police responded to multiple 000 calls about 9am on February 25 about a man armed with a knife in Watson St, Shepparton.
The court was told police tried to negotiate with Mr Donnelly from a police car in Benalla Rd to get him to drop the “large hunting-style knife” and an extendable baton he was holding.
When he ran off, police gave chase on foot.
When one officer slipped in the gutter of a loading dock at Total Tools and fell to the ground, Mr Donnelly allegedly turned back and threatened him with the baton, Det Act Sgt Costello said.
The fallen officer tasered Mr Donnelly, but it did not have any effect.
Seeing what was happening, the second police officer approached with his gun drawn and yelled at Mr Donnelly to drop his weapons.
As the fallen officer managed to stand, two more police officers arrived, and drew their tasers as they chased Mr Donnelly through the loading dock area and on to the street.
He eventually dropped the weapons and surrendered to police.
Det Act Sgt Costello said during the entire incident, Mr Donnelly “turned to police and displayed the weapons in a threatening manner” multiple times.
When he was arrested, Mr Donnelly had the knife that he had brandished, another knife in his pocket, and the extendable baton, as well as drugs, including a ziplock bag containing methamphetamines.
Det Act Sgt Costello said Mr Donnelly was taken to hospital after the incident and while under police guard there, an officer heard him saying “I should have stabbed him… I regret not stabbing that cop”.
Det Acting Costello told the court Mr Donnelly was fortunate that he wasn’t shot during the incident, as it “would have been a reasonable use of force” by the officer who drew his gun.
After viewing video of the incident from police body-worn cameras and CCTV from Total Tools, magistrate Allison Vaughan agreed.
“Either party could have been killed,” she said.
“The police handled themselves exceptionally well.
“They were very restrained, especially when the taser didn’t work.”
Det Acting Sgt Costello told the court Mr Donnelly was diagnosed with schizophrenia and other mental health issues, but that he had not taken his medication for about seven weeks before the incident.
He also said Mr Donnelly used methamphetamines.
Det Act Sgt Costello also noted a Court Integrated Services Program report tabled to the court said Mr Donnelly did not believe he had drug or mental health issues.
He also told the court Mr Donnelly’s mental health appeared to have stabilised in the time he had been in prison on remand since the incident.
Mr Donnelly’s solicitor Luke Slater urged the magistrate to read the CISP report in conjunction with neuropsychological and psychological reports he had also tended to the court.
Among the reports is information that Mr Donnelly has a low IQ.
While no pleas to the matters had been officially taken by the court, Mr Slater indicated his client “doesn’t want to contest the charges”.
However, he said he was applying for bail because he wanted to be considered to have his matter dealt with in the assessment and referral court, rather than the magistrates’ court, and to do so he would need to be on bail for a few months first.
Ms Vaughan adjourned the bail application part heard until later in April, saying she wanted information on how he would deal with his mental health issues and medications in the community before she made a decision about bail.
“From everything I’ve seen and heard, when he’s not properly medicated, and mixed with illicit substances, he is a terrible risk,” Ms Vaughan said.
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