A suspected drink driver's van broke down immediately after he ran a red light in front of police before he fractured an officer's shoulder. The PC was left requiring surgery and facing months off work after Billy Rutter threw him to the ground as they tussled in the middle of moving traffic.
While the serial offender now says he "intends to walk away from this lifestyle", a judge told him as he was sent back to prison today: "Police officers do a difficult enough job. They are entitled to carry out their duties without being assaulted in this way."
Incident in Birkenhead
Liverpool Crown Court heard today, Wednesday August 12, that PC Gary Stoddart was on patrol in the Birkenhead area at around 8.45pm on January 20 last year when he noticed Rutter driving a white van which was in a "very poor condition". The officer followed the vehicle as a result, at which stage the 38-year-old defendant, of Mackenzie Road in Leasowe, ran a red light as he turned into Balls Road East.
But Derek Jones, prosecuting, described how the van broke down after Rutter navigated the junction, at which stage PC Stoddart approached the driver's side window. Having smelled alcohol on him and noted he was slurring his words, he then opened the door, took hold of him and told him he would be required to take a roadside breath test in his patrol car.
But Rutter instead pushed PC Stoddart away, leading to a struggle in the road as other vehicles drove by. The officer was then wrestled to the ground, being "thrown to the floor with some force", before the driver landed on top of him.
Injuries and arrest
PC Stoddart was left "immediately in great pain" to his arm and shoulder as Rutter fled the scene on foot. The officer was subsequently found to have suffered a fractured right shoulder, leading to a period of three months off and later had to undergo surgery in December 2025.
A search of Rutter's van subsequently revealed a craft knife stashed inside the driver's door, an implement which he maintained he had been using for work but had left in his vehicle. He was arrested the following day but "resisted quite strongly, fighting the police to the extent that he had to be PAVA sprayed" before attempting to spit at another officer, PC Thomas Frances.
Rutter has a total of 27 previous convictions for 50 offences, including rape in 2005, assault with intent to commit robbery in 2012, wounding in 2023 and assault occasioning actual bodily harm in September 2025, as well as several appearances for drink driving and failing to provide a specimen for analysis.
Defence and sentencing
John Weate, defending, told the court: "It is clear that the defendant, during the course of 2025, particularly in the early months, was getting into trouble fairly substantially."
"Subsequent to this case, he had an assault on an emergency worker and then the assault occasioning actual bodily harm. He was on remand for a significant period of time. The matter resolved itself with a plea to the assault occasioning actual bodily harm, which resulted in his release within days of that sentence being imposed."
"As a consequence of that, he made a decision, as best as he could, that enough was enough. He was fed up with the lifestyle. He is a defendant whose background is not surprising. He is a young man who, from a young age, was in care. He has been troubled with issues with alcohol and drugs."
Referring to the murder of Rutter's mum Jackie Rutter, who was shot dead on her own doorstep on Meadowbrook Road in Moreton in October 2022, Mr Weate added: "In 2025, that was the period of time when people were coming before this court for the murder of his mother, which obtained national significance, essentially an execution on the front door. It was one that was dealt with in this court, and convictions arose from it which led to very substantial minimum terms."
"Since he came out of prison, the defendant, since September of last year, has gone back to live with his father. He is consistent with his medication in relation to his mental health issues. He is the most stable that he has felt for years."
"He is a man who is capable of work but, in reverence to these proceedings, decided it would not be right to try to find a job at this point, because he does not know what is going to happen. He is keen to work and will look for work following this sentence."
"In my respectful submission, it was spontaneous. It was not an act with intent to inflict the injuries suffered by the officer and he recognises, through me, that this is a case which the court will consider seriously because the officer was carrying out his duties."
"This is a defendant who has served significant sentences of imprisonment. While a term of immediate imprisonment will keep him off the streets for a period of time, in all probability, it will not do anything as far as his rehabilitation is concerned."
"Perhaps for the first time in many years, the defendant is in a position where he could take advantage of all those matters reported in the pre-sentence report, which, in the medium to long term, is not only going to benefit the defendant but is going to benefit society as well."
Rutter admitted wounding without intent, assault, driving without due care and attention and possession of a bladed article in a public place. Appearing in the dock wearing a blue Monterrain t-shirt, he sat with his arms folded as he was jailed for two years before giving a thumbs up to a man in the public gallery as he was led to the cells.
Sentencing, Judge Garrett Byrne said: "Police officers do a difficult enough job. They are entitled to carry out their duties without being assaulted in this way.
"You were in drink. He was perfectly entitled to ask you to get out of your vehicle so he could administer a breath test. You decided you did not want to comply. In the ensuing struggle, you threw him to the floor, causing injuries which continue to have an adverse impact on him to this day. If that wasn't enough, you then went to spit at PC Frances when detained and a knife was found in your van."
"It is aggravated by a number of things. Firstly, because of the second assault on a police officer and the possession of the knife. You were in drink. But, most of all, by your extensive record of previous convictions."
"According to the pre-sentence report, you have expressed a willingness or desire to walk away from this lifestyle. I hope that is genuine. Unfortunately, I do not find anything compelling in terms of mitigation. The pre-sentence report says that the risk of violent offences is very high. Because of your record, the history of non-compliance and the seriousness of the offences, I cannot suspend this."
