Thief who swung shovel at shop owner spared jail

A thief who swung a shovel at a Black Country shopkeeper's head and threatened to 'smash his head in' has been spared jail.

Kevin Wolmarans, aged 19, made owner Vipin Luthra's life a misery after bursting into Coseley Off Licence and intimidating him, a court heard.

District Judge Graham Wilkinson sentenced Wolmarans to four months in prison, suspended for 12 months, at Dudley Magistrates Court yesterday.

In sentencing, he told him: "You are very lucky not to be going to prison. If you had actually hit the victim he would very likely be six feet under now."

The court was told that Wolmarans stormed into the shop in Fullwoods Lane at about 1pm on November 28 last year with three other men and began aiming glass bottles at him, said Miss Maxine Jarrousse, prosecuting.

Wolmarans then took a bottle of wine from the shelf and held it above his head, threatening to "smash Mr Luthra's head in", she told the court.

They then left the shop without paying for the wine and Wolmarans returned with a builder's shovel.

"He came straight towards him with the shovel and swinging it at his head with both hands," she said.

Mr Luthra, 29, ducked and ran away in fear to the back of the shop, after which Wolmarans walked out. By the time police arrived minutes later Wolmarans and the gang had gone, but they had been captured on CCTV.

District Judge Wilkinson told Wolmarans, who has no previous convictions: "The only thing that is stopping you from going to prison today is your previous good character.

"You terrified this poor man and made his life a misery. There is very little that could make this matter worse."

Wolmarans, who is unemployed, now stays at a hostel in Hayfields Road, Saltley, Birmingham, but lived in Coseley at the time of the attack. Miss Gurdeep Garcha, defending, said he had been drinking on the day and had a problem with alcohol.

Wolmarans had pleaded guilty to shoplifting and using words or behaviour to cause a fear of unlawful violence.

Along with the suspended sentence, Wolmarans was given a 12-month supervision order.

He must also abide by a curfew for two months from 8pm to 6am, and not go within 200 metres of the off licence for two years.

Compensation of £100 and also £85 costs must be paid.

Speaking after yesterday's hearing, Mr Luthra, who has a 14-month old daughter, said: "He should have gone to prison for what he did, it was very frightening.

"We were thinking of selling the shop because it had shaken us up."