Man charged with assaulting partner while holding six-month-old baby refused bail

A man charged with assaulting his partner while she held their six-month-old baby in her arms and also rammed a police vehicle has been refused bail at Derry Magistrate's Court today. 

Michael Nicell (34) of Balmoral Avenue in Derry faced a total of 14 charges linked to an incident that was said to have occurred on January 15.

Nicell was charged with assaulting a female occasioning her actual bodily harm, assault, threats to kill, arson and possessing an offensive weapon namely a baseball bat. 

He was also charged with assaulting a police officer, dangerous driving, failing to stop, remain and report an accident and possessing drugs. 

All of the offences were said to have occurred on January 15 except one assault that was alleged to have occurred on January 13.

A police officer told the court that police were called by the defendant himself at 4.20am and was said he was going to cut his wife's throat after he discovered some weeks before that she had had an affair years ago. 

When police arrived Nicell was said to have refused them entry and grabbed a baseball bat and started waving it about. 

Police had to use a shield to try and enter the property and at one stage Nicell was said to have hit the top of the shield narrowly missing a police officer. 

Nicell was then said to have fled from the address in a car only to return a short time later and allegedly rammed a police vehicle. 

A chase was said to have occurred and during it Nicell was said to have driven at speed and on the wrong side of the road before entering a car park and crashing into a fence. 

He was said to have produced a knife and police had to use batons to arrest him. 

He was detained and was said to have told police 'take me straight to the barracks. F--k you and f--k the judge. When I get out I will kill them.' 

An officer told the court that the alleged victim told police Nicell had found out she had had an affair 5 years ago  about 6 weeks prior. 

She said there had been a domestic incident on January 13 and Nicell had assaulted her then. 

She then claimed on January 15 Nicell had become aggressive and she had been in her bedroom with her two children when the defendant had assaulted her on several occasions once while she was holding her baby. 

She then barricaded herself and the children in after Nicell was said to have threatened to stab her. 

The woman had bruising to her face and body. 

After his arrest Nicell was said to have told police 'when I get out I am still going to kill him and her.' 

At interview he said he could not recall any of the events due to having consumed a mixture of cocaine and alcohol. 

Bail was opposed due to the risk of re-offending and the threats Nicell was said to have made. 

The police officer told the court that the threats 'were not made in the heat of the moment'. 

He added that Nicell there was 'a clear risk of re-offending, a clear risk to members of the public and a risk he will contact the alleged injured party.' 

Defence  solicitor Roma McGeady said her client had a breakdown of sorts. 

She said there was an address available in Killea in County Donegal and added that this behaviour was' totally out of character'. 

District Judge Barney McElholm said 'we all know the emotional and psychological damage done to the children cannot be undone.'

He added: "What he did to his wife was appalling but these children are now damaged." 

The judge said that he could not be satisfied that this would not happen again and said that the proposed address was 'only a walk away'. 

He added that the woman and children had had 'the right to feel safe in their own home'. 

Judge McElholm said that he was concerned that this man had gone on 'a violent rampage for two days'. 

He refused bail and said there was no suitable address.

Nicell was remanded in custody to appear again on February 22.