A former engineer who held a gun to a pensioner’s head after a row over sheep on his land has been spared a fresh jail term. Brian Capstick, 52, from Ecclefechan, turned on William Hodgson, 68, ranting about a £200 debt.
Mr Hodgson was left “terrified” after Capstick fired a near 80-year-old revolver into the air before pressing the weapon against the OAP’s face. The victim was able to escape before alerting police.
Capstick was sentenced at the High Court in Glasgow on Tuesday. He had pleaded guilty in March to a breach of the peace and two separate firearms charges from the incident on December 11 2019.
Capstick was jailed for five years in England in 2020 for pointing a gun at his parents and firing it in their home two days after the incident with Mr Hodgson. He had since been freed and was on bail for this latest case.
Lord Matthews decided against imposing another prison term viewing it as part of the same course of conduct as the English sentence.
Capstick instead was made subject of a community payback order for a period of two years and four months. The hearing in March was told how Mr Hodgson had used Capstick’s land to graze sheep in 2016.
Prosecutor Angela Gray then added: “In 2019, he still owed Capstick £200 for that service.”
On the day of the crime, Mr Hodgson was driving home on the B723 near Boreland, Lockerbie, when Capstick overtook and then stopped. The pensioner also pulled in believing Capstick wanted to speak to him.
Mr Hodgson apologised about the debt, but Capstick yelled: “I want my money and I want it today.”
Capstick then took a gun from a plastic bag before leaping out his van. He stated: “I have had enough of this.”
Miss Gray told the court: “He raised his right hand into the air and fired the gun over the top of the van.
“William Hodgson heard a loud crack or bang. Capstick then placed the barrel against the left side of his face close to his ear.
“William Hodgson described feeling terrified.”
The hearing was told Capstick then started to “calm down”, but claimed he did not have money to pay for his MOT, which was overdue. Mr Hodgson returned home where his son noticed blood on his father’s face.
Despite what happened, the OAP went to Capstick’s home that day and gave him £160 towards the debt. Capstick was described as “calm and polite” at the time.
Mr Hodgson was initially reluctant to go to police, but was persuaded by family. Capstick went on to be arrested in Cumbria days later following another gun-related incident at his parents’ home.
Police there discovered the gun which had been held against Mr Hodgson’s face. Miss Gray said it was a British Military 38 revolver dating from 1942. The weapon was in working order.
Police later searched Capstick’s home in Ecclefechan. They found boxes of ammunition as well as another firearm part.
His KC Tony Lenehan previously said “everything was positive” in Capstick’s life until being affected by serious personal issues. The defence advocate told the court: “This is a man, squarely in his middle years, who was a successful and talented builder and engineer.
“He was the creator of buildings including those used in television programmes.”
Mr Lenehan said Mr Hodgson had known Capstick for “a long time and in good times” believing the pensioner now to be “sympathetic” about what happened.
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