A council bin man who drove a gang to a house before one cut through the door with a chainsaw has avoided custody for the 'revenge attack'.

David Maxwell was sentenced at Kilmarnock Sheriff Court after pleading guilty to a charge of threatening behaviour following the incident in Kilwinning.

The 22-year-old, from Stevenston, admitted turning up at the property in Innerwood Road more than two years ago – with four accomplices, one of whom was armed with the lethal tool.

Kilmarnock Sheriff Court heard how Maxwell and his acquaintances fled the scene when cops “happened upon” the incident on November 12, 2021.

A burnt-out chainsaw was later recovered by police.

Maxwell, of Burnlea Place, admitted driving to the house with the other four men, one of whom the court heard was armed with the chainsaw, after a falling-out with the householder. 

A plea of not guilty to a further charge, accusing Maxwell of driving dangerously at pedestrians and trying to strike the householder with the car, was accepted by prosecutors. 

The Crown also accepted not guilty pleas to charges levelled against Maxwell’s co-accused, also from Stevenston – Kyle More, 25, of Ardoch Crescent, and 32-year-old Michael Fisher, of Fullarton Place.

Fisher is already serving an eight-month prison sentence for punching a sex offender within a courtroom at the Kilmarnock court buildings. 

When Maxwell returned for sentencing, defence solicitor Peter Murray said: "He is a 22-year-old single man. He has a three-year-old daughter who he sees around three days per week.

"He has been in employment since leaving school as a refuse collector for the local council.

“There is no question this is a concerning matter.

"He was not the person in possession of the chainsaw at the door. The Crown have accepted that. Though he accepts his part and involvement in this very concerning incident.”

“He is a hard-working young man who has stayed out of trouble.

“The break down in his relationship with the mother of his child lead to a spate of making poor choices.”

Talking about the chainsaw incident, Mr Murray said: “The incident continued after his friend was assaulted and his car was struck with items.

“Clearly he should have distanced himself from any such conduct. It was some time ago.”

Suggesting a restriction of liberty order, he added: “This would leave him little time to enjoy himself but would still allow him to work and care for his young daughter.”

Sheriff Colin Bissett said: “What is before me today is a very serious matter. To say that the behaviour is alarming is an understatement.”

Maxwell was given a restriction of liberty order lasting for 163 days, with the curfew running from 8pm until 6am each night.

The punishment will run alongside a current community payback order.

Sheriff Bissett added: "You dare not find yourself committing this sort of behaviour again, or you will find yourself in custody.”

Fiscal depute Craig Wainwright said: “At 4pm on November 12, the accused and complainer met close to his home to discuss an issue between the parties. He then left with several of his friends. 

“The accused was in the driver’s seat of a Vauxhall Astra with another male in the passenger seat. There was a disagreement between them, and the complainer returned home. 

“About 30 minutes later they became aware of the accused pulling up in the street with five males. One passenger was in possession of a chainsaw. 

“This was captured on CCTV from a neighbouring property. 

“Five males including the accused headed towards the front door shouting and swearing. The chainsaw started up revving loudly. 

“This was heard by the neighbours, who thought it was a motorbike. 

“A male began striking the door with the chainsaw causing damage to the door – leaving a mark the length of the door and damaging the window. 

“Police already in the area happened upon the incident. Police ran towards the vehicle shouting to ‘drop it’. 

“All five ran from officers and were lost from sight. 

“An area search was conducted, and the chainsaw was recovered from a garden in a nearby street. It was found to be fire damaged and unsuitable for further examination.” 

Mr Wainwright said Maxwell was later identified by the complainer, and that the vehicle was found to be registered to Maxwell – while items including his bank card and driving licence were found during a search. 

Maxwell was cautioned and charged after attending Saltcoats police station two days after the incident, and appeared from custody at Kilmarnock Sheriff Court on November 15.