A MAN who tried to break into a Cumnock supermarket was later found “in a state of undress” outside his home in the town.
Police discovered Alan Kerr in Warrick Drive with his trousers at his ankles, wearing one shoe and with a toenail missing.
The 41-year-old admitted trying to break into the Asda store on Townhead Street on February 20.
He was handed an 18-month sentence – but having been remanded in custody since the day after the incident, Kerr was allowed to walk free after spending more than half of the sentence behind bars.
Procurator fiscal depute Chris Munro told Ayr Sheriff Court the store’s assistant manager had turned up for work and discovered the shop’s front door had been smashed.
“Police attended and reviewed CCTV and they were able to identify the accused,” Mr Munro said.
“The approximate damage to the door was £1,000.”
Mr Munro said that at the time of the incident, Kerr was the subject of a bail curfew imposed in August 2022 on two unrelated charges – both of which were later dropped as part of a plea deal.
Mr Munro went on to describe how “several households” had been awoken in Warrick Drive on February 21.
“Police were contacted regarding a male,” he continued, “and attended and saw the accused sat outside.
“They could see he had a deep cut to his right eye, his trousers pulled down, and had a toe nail off. He was wearing one trainer.
“They began shaking the accused, to no response.”
Kerr, described in court papers as a prisoner at HMP Kilmarnock, eventually woke up and tried to stand up, at which point cops put him in an ambulance.
They quickly discovered that Kerr was subject to a number of bail conditions, including the curfew.
Defence solicitor Rebecca Horton said: “Negotiations have been ongoing since May 24, and I can advise Mr Kerr is keen to resolve matters regarding these offences.
“He had only been released from custody days prior [to the Asda incident]. I’m advised that he met a friend and consumed Valium.
“His recollection is hazy, but he accepts the Crown narrative and the CCTV footage.”
Ms Horton told Sheriff Mhairi MacTaggart: “He fully acknowledges custody is inevitable, but I would ask your Ladyship to take into account the timing of his plea.”
Kerr was handed an 18-month sentence for both the break-in attempt and the bail breach, and was told the sentences would run concurrently.
Sheriff MacTaggart added: “You do the maths. You’ve served your time; off you go.”
Kerr replied: “Am I away home the day then, aye?”
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