SUSPENDED police constable Frank Shields was called to give evidence yesterday as a trial continued in Dubbo District Court.
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Shields, 45, and senior constable Carl Giusti, 44, have pleaded not guilty to charges of assault occasioning actual bodily harm and taking and detaining in company with intent to gain advantage.
The police officers were arrested and charged after an incident at Wellington skate park two years ago.
The Crown prosecution has alleged a 14-year-old boy was placed in a headlock, put into a marked caged police truck and taken to an area near the Bell River where an alleged assault took place.
The alleged assault was reported to police when the teenager was dropped off at his sister's home.
The court heard Shields had been born and educated in the Dubbo area. After completing year 10 he obtained a panel beating apprenticeship at the Harold W Taylor Ford dealership.
He went on to work for another panel beating company and a paint supply business before becoming an NRMA loss assessor.
Shields joined the police force in February 2007 and spent six months at Dubbo police station before transferring to Wellington as a probationary constable.
He was appointed lock-up keeper at the Geurie police station in July 2010 and continued to work shifts at Wellington police station.
On the afternoon of August 7, 2011 Shields and Giusti went to the Wellington skate park to investigate reports of children lighting fires.
Arriving at the location, the officers saw about 30 children. They walked into the front entrance and talked to children.
"We asked the kids to hang around until we had sorted things out,'' Shields said from the witness box.
"I saw three kids walking away. One was (a 14-year-old boy known to the police officer).
"I yelled out for them to come back. (The boy) turned over his left shoulder, looked at me and told me to ---- off.
"I jogged towards (the boy), came up behind him, placed my right hand on the hood of his sweat shirt and applied pressure to get his attention.
"He spun around and head butted me, hitting my forehead.
"I put him in a headlock and told him he was under arrest. I said he couldn't get away with head butting me.
"He was struggling and I held the headlock firm so he couldn't get away. I called out to Giusti to help me. (The boy) stopped struggling. I opened the back gate of the (police) vehicle and told him to get in.''
Responding to questions from defence barrister Andrew Scotting, Shields told the court about previous dealings with the 14-year-old.
"I had spoken to him about throwing rocks,'' Shields said.
"(On another occasion) he was among a group of young people (found) on the roofs of businesses in the main street. I spoke with him and took him home to his mother.
"(The mother) told me she was concerned about his behaviour. She said he was out of control... and aggressive.
"She asked me to help her with him and look out for him. I told her I couldn't do anything until he committed an offence.''
Shields continued his evidence, detailing a conversation with Giusti as the police vehicle left the skate park on August 7, 2011.
"I told Giusti (the boy) was a lunatic and that we should take him home,'' Shields said.
The court heard Giusti had "a horrible sense of direction'' and started driving in the wrong direction.
Approaching Hawkins Street, Shields suggested driving towards the river "to see if kids who had run out the back of the skate park were coming up the road''.
"We patrolled open paddocks, looking for the kids,'' Shields said.
"We wanted to talk to them about who had been lighting fires.
"I said 'stop here I will check on him, have a chat with him (before) we take him home'.
"I opened the tailgate and said 'you may not realise it but I am trying to help you, you cannot assault me.'
"He jumped out of the vehicle and lunged at me, grabbing the front of my polo fleece (police uniform).
"I thought he was going to bolt and grabbed the front of his jumper. He said 'come on do you want to have a go'.
"I punched him in the middle of the chest and hit him another two times with an open hand to the chest to stop him.
"In training (the manoeuvre) is called a check drill. It is intended to create distance between the person attacking you.
"I told him he was a lunatic and to get back in (the police vehicle).
"He got back in. I happened really fast, about 25 to 30 seconds.''
Shields described returning to the police vehicle. Giusti was the driver as the 4WD headed towards the boy's home near Wellington High School.
Missing the correct turn, the vehicle stopped at an intersection and pulled off the road.
Shields got out of the vehicle to ask the boy his house number.
"We pulled up (at an address) and the boy yelled out 'next door, next door'.
"We knocked at (the correct address) but there was no answer.
"We asked (the boy) for his mother's phone number. She did not answer.''
"We spoke to (the boy) about another (suitable address). He nominated his sister. We contacted her by phone and she said (the boy) was not welcome.
"(The sister) said 'he scares my kids I don't want him around'.
"I said we can't leave him unsupervised. She said OK.
"When we arrived at her house (the sister) was waiting outside.
"I said 'your brother is an idiot'. She said 'what's he done this time'.
"I said (the boy) had told me to ---- off and had head butted me.
"She said her mother and the school were having a lot of trouble with him. "She said (the boy) was a ---- head.''
Cross-examination will continue on Monday.