Derbyshire man caught in neighbour’s garden with air gun and two dead animals

Stuart Ellis, 50, was seen emerging from his neighbour’s chicken pen as a dead chicken was found nearby on the floor, Chesterfield Magistrates Court heard.

While a duck was also found lifeless in the garden at Alfreton’s Limes Avenue on August 20.

Prosecutor Lynn Bickley described how on the day of the incident Ellis’ female neighbour was told the defendant had been at her property and had “killed her chickens”.

She said: “She contacted her parents asking them to check the animals - her dad went to his daughter’s address and found the chicken pen open. He saw a chicken dead on the floor.

“A male came out of the pen and said the chickens were out and he was putting them away”.

Ellis left as police were called, however an air rifle was discovered in the garden along with a dead duck.

After his arrest Ellis told police he was in his neighbour’s garden to collect his tent but admitted the air weapon was his and used it for “target practice”.

Ms Bickley said: “He accepted he was extremely drunk and was apologetic.”

The court heard Ellis had no previous convictions.

Ellis solicitor Amy Godson said her client had been diagnosed with a brain injury - having been hospitalised in intensive care seven years ago with a “suspected infection”.

She said: “He was previously the managing director of a company but is now only able to work on a voluntary basis.”

Ellis had lost both his mother and his father and separated from his wife since the injury, the court heard.

“On the day he had got on the bus with the intention of clearing his father’s address but he decided to go for a drink. It was a downward spiral from there,” Ms Godson added.

“He has very little recollection of what took place - he cannot recall killing the animals but accepts there’s no other explanation.”

Ellis, of Limes Avenue, admitted criminal damage and trespassing with an air weapon.

A magistrates told him: “This was a very serious incident for everyone involved. However you’re already seeking help and you accepted responsibility.”

He was handed a £200 fine, £85 court costs, a £34 victim surcharge and ordered to pay £200 compensation.