A dog walker was struck with a chainsaw in a shocking woodland confrontation that began when his cocker spaniel was repeatedly attacked by another dog, a court has heard.
The violent confrontation in Gospel Lane woods
The incident unfolded on the afternoon of May 28 last year in woodland off Gospel Lane, Solihull. Paul Mills was walking his cocker spaniel off the lead when a dalmation charged and pinned his pet to the ground.
Mr Mills told Birmingham Crown Court that after the dalmation attacked a second time, he shouted at its owner, named Stuart, to get the dog under control. When the dalmation came for a third attack, Mr Mills admitted he "toe-poked" the dog in the side to make it retreat.
This action sparked a furious row with the dalmation's owner, which escalated into a physical altercation. It was at this point that Lewis Whitsey, 34, of Gospel Lane, emerged from the woodland.
The chainsaw attack and mobile phone evidence
Mr Mills stated that Whitsey initially said, "give me the nod I will do him, chop him up with an axe," and was acting aggressively. After a verbal exchange, Whitsey retreated and then returned wielding a chainsaw.
Footage from Mr Mills's mobile phone, played in court, showed Whitsey approaching while revving the power tool. Mr Mills described ducking to avoid the blow, but the chainsaw came down on his back in a chopping motion. He confirmed the tool had deactivated and was not spinning when it made contact, leaving him with a scar.
A brief scuffle ensued after Mr Mills grabbed the blade, before Whitsey retreated. Mr Mills later claimed Whitsey pursued him on a motorbike, making further threats.
Defendant's account and pending sentence
Giving evidence, Lewis Whitsey admitted unlawful wounding and possession of an offensive weapon. He claimed he had been clearing woodland nearby and heard a dog yelping repeatedly, which drew him to the scene.
Whitsey insisted he was already holding the chainsaw and said, "I shouldn't have taken a running chainsaw, I'm sorry." He denied deliberately retrieving the tool to use as a weapon or intentionally striking Mr Mills, suggesting the contact occurred during the scuffle.
He described his actions as "an intimidation thing" meant to scare Mr Mills, whom he claimed was aggressive and smelled of alcohol. Whitsey also denied pursuing Mr Mills on a motorbike, citing recent wrist injuries.
Presiding judge, Judge Dean Kershaw, heard the evidence in a trial of issue without a jury on Wednesday, January 14. He confirmed he would deliver his judgement and pass sentence on Monday, January 19.
