TWO brothers who launched a drunken assault after one was caught urinating a phone box as they celebrated a football success have been spared jail.

Jimmy and Danny Horwood had been drinking for hours on May 17 last year after their team, Arsenal, won the FA Cup, its first trophy in nine years.

They set about a man in the street, kicking him on the ground.

But after hearing they hadn’t been in trouble before and Jimmy, 21, is a football coach and Danny, 25, has been asked to help out with a youth team, a judge handed out suspended sentences.

Claire Marlow, prosecuting, told Swindon Crown Court victim Michael Nestor had been out in Old Town on May 17, into the early hours of the next day.

“He stopped on Bath Road at 2am and was looking in an estate agent’s window,” she said.

“He became aware of two men who were grabbing him by the shoulders and shaking him from side to side and saying something stupid.”

He walked towards a police van, but it had no one in it, she said, so he carried on along Wood Street where he saw Jimmy go into a phone box and start urinating.

She said he went over, opened the door, and started remonstrating with them and asking why they had shaken him.

“He accepts he was forthright in asking why he was urinating in a telephone box,” she said, adding Jimmy responded by spitting at him.

Mr Nestor was then punched to the ground and was hit all over by the brothers until a passer by stepped in to stop the attack. saying ‘Two on one: how’s that fair?’ As the victim was walking home the brothers assaulted him again at the junction of Wood Street and Victoria Road.

A policeman who had been dealing with another matter, came round the corner to see three men in what he called a ‘rugby scrum’ before one went to the ground.

He said he ran about 20 metres so he was about six foot away and shouting at them to stop as them punched and kicked Mr Nestor, who was on the ground.

In his statement the officer said: “A white male in his 20s I now know to be Daniel Horwood was kneeling on top of another male punching him with his right fist.

“James Horwood was initially kicking the other male on the floor in a stamping motion, then dropped down to his knees and punched as well.”

He said both men were drawing the arms back before launching forceful punches with Danny gritting his teeth as he hit him.

“I was shocked to see how fixated Daniel and James Horwood were in kicking and punching this male on the floor,” he said.

He shouted ‘Police, stop what you are doing,’ but they continued before Danny turned towards him and, after ignoring a warning, was sprayed with Parva.

When they were questioned the brothers said they had been in The Castle pub since 4.30pm, each downing more than 10 pints.

Danny, of Prospect Hill and Jimmy, of Bath Road, both admitted actual bodily harm.

They denied kicking but were found to have put the boot in by magistrates who heard evidence and ruled against them.

Mike Pulsford, defending, said the level of injury to the victim was low and all of the kicks landed on his legs and body.

“It is an unfortunate incident. It’s Cup Final day, they are two Arsenal supporters, they have drunk far too much,” he said.

When Mr Nestor went to the phone box door he said he accepted he had kicked his client first, saying he was trying to avoid being punched.

He said both work and Jimmy is a coach at Pewsey Vale FC and Danny, who has a family, has been asked to get involved with the under 18 side there."

“They would lose everything should they be sent to custody today. These are two young men the court will not see again, I submit,” he said.

Passing sentence Recorder Michael Vere-Hodge QC said “I don’t suppose it needs me to tell you what an appalling incident this was.

“You are both old enough, intelligent enough and in sufficiently good standing in the community to know how appalling it was. You had had far too much to drink.

“He was attacked by you in a way that was really quite disgraceful.”

Recorder Michael Vere-Hodge QC imposed 12-month jail terms, suspended for a year, 150 hours of unpaid work, 9pm to 7am curfews for eight weekends and told them to each pay £500 compensation.