A 22-year-old man squeezed a police officer's throat with such force he was unable to breath during an arrest in Mount Pleasant last year.
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Connor Keating was charged with reckless conduct endangering life over the incident, which also saw him bite the officer, on Fraser Street on September 12, last year.
He applied unsuccessfully to keep the matter in the lower court on Thursday.
Office of Public Prosecutions prosecutor Nadia Deltondo told the Ballarat Magistrates' Court two Ballarat police officers attended a Barkly Street address in the early hours of September 12 to arrest Keating over a family violence incident but he was not at the house.
She said the same police officers later attended a Fraser Street address on an unrelated job when they coincidently saw Keating walking towards the divisional van, which had its lights on high beam.
Keating had a conversation with the officers about the high beam lights and because he was in a heightened agitated and aggressive state, he was asked to sit down on the driveway.
Ms Deltondo said Keating told the officers his name and they realised he was the man they wanted to arrest earlier and they consequently asked him to move onto his stomach and place his hands behind his back.
"The accused refused to comply and got up on his feet and approached the police in an aggressive manner.
- Nadia Deltondo
"(One officer) was concerned he was going to be assaulted and deployed capsicum spray in the accused's face."
Keating rushed towards the police members and started throwing punches, with several punches connecting with the right side of one police officer's head and ear region.
"The accused continued to resist arrest and during the melee the accused and both police members fell to the ground," Ms Deltondo said.
She said Keating got on top of one police officer, who was on his back, and he placed his left hand around the officer's throat and squeezed it with such force he was unable to breath.
Keating then said words very similar to "I love being sprayed. It does nothing to me".
Ms Deltondo said Keating punched the police officer to the left side of his head four times and the other police officer used his baton to strike Keating's back in an attempt to get him off his colleague.
"(The police officer) began to panic as he was unable to breath so he began pushing the accused's head away with his left hand. The accused then bit (the police officer's) left hand," she said.
The other police member heard a gurgling sound coming from his colleague and fearing Keating was going to kill him, he deployed his taser which was unsuccessful.
Ms Daltondo said the second taser was effective and Keating released his grip from the police officer's neck.
She said the taser was released a third time and Keating stopped fighting saying, "OK I give up. You got me".
Keating was on bail at the time with conditions he live in Horsham and abide by a curfew.
The prosecution and defence provided written submissions to the court about Keating's summary jurisdiction application.
Defence lawyer Eleanor Millar said a combination sentence of imprisonment and a community corrections order with a justice plan was appropriate if summary jurisdiction was successful.
But magistrate Letizia Torres said the offending was extremely serious.
"It put a police officer's life in danger and it would have been terrifying. It's made all the more serious because he was doing his job," Ms Torres said.
"Overall it is my view this is for the County Court."
The magistrate said the matter was not factually complex for the Magistrates' Court jurisdiction but Keating's array of medical disorders would make the sentencing complex.
The matter will proceed to the County Court for a plea hearing in October.
Keating, who was remanded in custody, pleaded guilty to charges including reckless conduct endangering life, assaulting an emergency worker on duty and possessing 4.7 grams of cannabis for personal use.
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