A GUNMAN who armed himself with his friend’s imitation ball bearing firing pistol has escaped jail.

Dean Casey had the weapon, which belonged to teenage friend James Deegan, after driving to a late night meeting in Penhill.

And when the 27-year-old, who had been drinking, got out of the vehicle with the gun in his trouser pocket he dropped it, causing it to break.

The victims had claimed he held the weapon to the woman’s head and her boyfriend’s throat.

But after hearing evidence, a judge ruled their story was not supported by an independent witness who was looking from a nearby house.

At the trial of issue, prosecutors only called the woman to give evidence to a judge at Swindon Crown Court and what she said was contradicted by the neighbour.

Casey admitted having the gun with him during the incident on Friday, March 27 because he feared victims Michael Kirby and Jolene Breslin.

But he insisted he only had it for his own protection and at no time brandished it or pointed it at anyone, which the judge accepted. When he was arrested he was found to have 55 micrograms of alcohol in 100 millilitres of breath, the legal limit is 35mg.

Casey, of The Wynces, Bishopstone, pleaded guilty to two counts of possessing an imitation firearm with intent to cause fear of violence.

He also admitted possessing amphetamines worth about £200 and drink driving on the same occasion.

Deegan, of Shrewsbury Road, Walcot, admitted the firearms offences and possessing a small amount of cannabis.

Rob Ross, defending, said “Obviously you found Mr Casey a more credible witness than the woman.”

He said neither man had much of a history of crime and both had stayed out of trouble since the incident which took place quite a while ago.

Passing sentence, Judge Douglas Field said “As you have been advised the offence of possessing an imitation firearm with intent to cause fear of violence is a very serious offence and the Court of Appeal had made it quite clear that people who are convicted of this type of offence should go straight to custody.

“I am obliged to look at the circumstances and ask various questions. What sort of gun? A plastic imitation gun, I think a BB gun. There was no evidence it was loaded.

“I have to ask myself to what issue was it put and that is where my ruling comes in.

“The Crown had no confidence in the reliability of the man with the complainant so the complainant was brought to give evidence.

“Her evidence was entirely unsatisfactory and contradicted by the evidence of a third party looking at the incident through a bedroom window.

“It was kept in a trouser pocket, produced by accident and it immediately fell to the ground and broke. Therefore the reaction of the man and woman must have been extremely limited.

“It is in these very, very special and unusual circumstances that I have decided immediate imprisonment is not necessary.”

Casey was jailed for 51 weeks suspended for a year and told to do 150 hours of community service. He was also fined £50 for the drugs, £800 for drink driving and banned from the road for three years.

Deegan was jailed for 40 weeks suspended for a year and told to do 130 hours of community service and pay a £50 fine for the drugs.