A man who kicked and punched a love rival in a Spalding street has been jailed.
Benjamin Lee Rodgers was accompanied by his father, two brothers and a cousin as he chased Richard Hare following a chance meeting.
Tony Stanford, prosecuting at Lincoln Crown Court, said the victim had just bought cigarettes and alcohol from a convenience store when he was spotted on Westlode Street.
“At the time Mr Hare was going out with Benjamin Rodgers’ ex-wife. He says he has had issues with the Rodgers family.”
The incident began when Rodgers’ cousin Jason Avis ran across the road towards Mr Hare and made a comment.
A car then pulled up and Benjamin Lee Rodgers, his brothers Harry and Thomas and their father Benjamin John Rodgers emerged.
They approached Mr Hare before Benjamin Lee Rodgers punched him in the face knocking him to the ground. Then, while on the floor, he was repeatedly kicked and punched to his body, arms and legs.
The attack ended when two women intervened. Mr Hare was taken to hospital by ambulance where he was diagnosed with concussion, a number of lumps on his head and a chipped tooth.
Benjamin Lee Rodgers (33), of Six House Bank, West Pinchbeck, Benjamin John Rodgers (53), of Dozens Bank, West Pinchbeck, and Jason Avis (20), of Money Bridge Lane, Pinchbeck, each admitted affray as a result of the incident on August 4, 2013.
Benjamin Lee Rodgers was jailed for 12 months. Benjamin John Rodgers was given a 12-month jail sentence suspended for two years and ordered to pay £500 costs. Avis was given a nine-month custodial sentence suspended for two years with 80 hours of unpaid work.
Thomas Rodgers (21) and Harry Rodgers (19), both of Dozens Bank, West Pinchbeck, each admitted a section 4 public order offence. They were each given a 12-month community order with 50 hours’ unpaid work and ordered to pay £100 costs each.
Liz Harte, for Benjamin Lee Rodgers, said the group had been out looking for his sister and had not planned the attack on Mr Hare.
Rebecca Channon, for Benjamin John Rodgers, said he accepted being involved in violence but did not kick the victim. She said if he was given an immediate jail sentence his wife would suffer as she would struggle to pay the mortgage on their home.
Andrew Cogan, for Avis, said his actions on the night arose from a misguided sense of loyalty to his family.
Sunil Khanna, for Thomas Rodgers, said he was in the group but did not inflict any blows.
“He has not been in trouble before. He is very sorry for what happened.”
Giles Bedloe, for Harry Rodgers, said he acted out of character and regretted what happened. He said his client did not physically join in the attack.
Recorder Timothy Spencer QC, passing sentence, said that Benjamin John Rodgers and Benjamin Lee Rodgers each bore a heavy responsibility for what happened.
He said he was imposing an immediate jail sentence on Benjamin Lee Rodgers as he had admitted kicking the victim whereas the others did not admit any kicking.
He told them: “These were shameful events and this was a shameful day for your family.”
