Teen stabbed off-duty officer in McDonald's after being asked innocent question

14 January 2024 , 17:00

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Harvey Smalling was 19 at the time (Image: Kent Police / SWNS)

A man has been jailed after he stabbed an off-duty policeman in McDonald's while still a teenager.

Harvey Smalling, 19 at the time of the incident and now 20, threatened to “knife” his victim in a branch of the fast food chain in Strood, Kent, following a minor altercation. The officer had been drinking at the Golden Lion pub in nearby Rochester in July 2022 with a fellow policeman before they headed to McDonald’s.

The pair saw Smalling ordering his food on a nearby screen, Maidstone Crown Court heard. The prosecuter, Ryan Evans said: "They used self-service tills to make their order. The first officer was given order six and the second one number seven. Staff called out order 'number five' and no-one came to collect their order.

"Smalling is described as looking strangely at the first officer and looking through him. The victim said to his fellow officer ‘maybe he doesn’t understand English’, but Smalling became aggressive and said ‘come outside, what’s your problem’.”

The court heard that Mr Evans said Smalling came close to the first officer who said: “What the f*** are you on about, get your food,” before telling him to go away. Smalling was then heard repeatedly saying “come outside”. The two policemen then left the restaurant, but Smalling, wearing a balaclava, shouted: “Number Five...I’ll knife you, yeah.”

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The officer produced his phone telling Smalling the police were on their way. But Smalling knocked the phone out of his hand, repeating “I’ll knife you, yeah”.

The officer lifted his arms to push Smalling away and felt a punch to his left-hand side, which turned out to be a stab wound. Paramedics arrived and the victim was airlifted to King’s College Hospital in London due to the risk of severe internal bleeding. He was treated for a one centimetre wound, the court heard.

The stabber, of Orpington, south east London, fled the scene, but was arrested two days later before being charged with grievous bodily harm with intent and affray. He was given a 32-month custodial sentence for affray and four months for wounding, to run concurrently, after pleading guilty to both charges on Wednesday January 10.

Detective Constable Emma Laimbeer, of the Kent Crime Squad, said: “Smalling is a violent individual who reacted aggressively to a courteous question from his victim. He then pursued them after they left the fast food intent on causing harm despite efforts to diffuse the situation. It is entirely appropriate that this criminal is now serving a prison sentence.”

Zesha Saleem