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Off-duty PC who was on bike ride broke pensioner’s jaw after close pass

Stuart Box, formerly of Avon & Somerset Police, has been barred from policing after misconduct hearing

An off-duty police constable who broke an elderly motorist’s jaw after allegedly being subjected to a close pass while on a bike ride has been barred from working as a police officer again following a misconduct hearing.

Avon & Somerset Police said that had Stuart Box not already resigned, he would have been dismissed from the service as a result of the incident, which happened in Frampton Cotterell, Gloucestershire, in April last year.

Metro reports that Box, aged 44 at the time, called 70-year-old Peter Burgum a “stupid bastard” and claimed that the pensioner had “nearly f*cking killed him” when he overtook him.

After Mr Burgum stopped his car, Box banged on the side and hit the wing mirror, then slapped the motorist. Then, with Mr Burgum trying to film the attack on his phone, Box grabbed it and threw the device over a wall.

He then punched the driver so hard that he fell to the ground, his jaw fractured in two places, with Mr Burgum’s wife Caroline screaming, “You’ve killed him.”

Box then rode off without calling 999 or giving his details, and was identified later thanks to dashcam footage.

Mr Burgum had to undergo surgery, following which he could not eat solid food, and passed away several weeks later from what were described as completely unrelated causes.

At the disciplinary hearing, held at its Portishead headquarters on Monday, Avon and Somerset Constabulary said that Box had lost his temper, and that instead of seeking to de-escalate the situation he had instead used an unreasonable level of force.

Box was represented by Andy Roebuck, chair of the Avon & Somerset Police Federation, who said that the former PC was remorseful about the incident and “could only apologise” for it.

Stephanie Beazley, chairing the disciplinary panel, said: “PC Box had 23 years of police experience, he should have known better,” and that while his initial reaction may have been driven by adrenaline, his degree of culpability grew the longer the attack went on.

The panel found that his actions amounted to a breach of professional standards in terms of both discreditable conduct and honesty and integrity and amounted to gross misconduct.

It added that had he not resigned prior to the hearing, he would have been dismissed from the service, and he has been barred from serving as a police officer again.

Mrs Burgum said that her memories of her husband had been “indelibly marked” by the attack.

Superintendent Simon Wilstead, head of Professional Standards at the police force, said: “Firstly, on behalf of Avon and Somerset Constabulary I would like to take this opportunity to publicly apologise to Mrs Burgum and her family for the incident which involved an off-duty officer.

“Mr Box was not on duty at the time of the incident, but nevertheless we expect a high standard of behaviour by officers, whether they are in or out of uniform, and he failed to meet those ethical standards.

“As a police force we believe in absolute transparency and Mr Box’s failure to report what happened at the earliest opportunity is at odds with what we stand for.

“The IOPC was informed of the incident at the outset and it decided it was happy with Avon and Somerset Police investigating what happened.”

He said that the evidence was passed to the CPS, which decided not to proceed with prosecution.  

Superintendent Wilstead added: “The misconduct investigation has subsequently followed leading to today’s outcome. Despite the officer resigning, it was important to hold a hearing into the very serious allegations against Mr Box to ensure that, if proven, he would be placed on the barred list.”

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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23 comments

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Achtervolger | 3 years ago
3 likes

To continue the thread of Her Majesty's Finest administering tellings off to cyclists who've done nothing wrong, one of my fondest memories is cycling up a Sheffield street, and a police car come coming the other way suddenly coming to a halt. An officer jumped out, stood in my way, and proceeded to tell me with barely disguised glee and pomposity that the road traffic act 19-whatever does also apply to cyclists, and that it was an offence to cycle the wrong way up a one way street. It was wonderful to point out the signs indicating that though the street was one way for motorised traffic, bicycles were welcome to go the opposite way. The discombobulated panjandrum could only splutter that he'd missed those signs, and to take care as traffic would, indeed, be coming the other way. I guess it's to his credit that he conceded the point and didn't keep digging!

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Hirsute replied to Achtervolger | 3 years ago
1 like
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robike | 3 years ago
1 like

Perhaps it's part of the training.  I was close passed as I slowly came up to the back of a traffic jam - he swerved left in front of me before stopping dead.  I needed to brake and avoid but then of course overtook him and the rest of the queue to the front.  I did mutter something like "stupid idiot" as I passed.  It is a two lane approach and he was in the left turn only lane - I then continued straight on after the lights turned to green.

Ten or so seconds later the same car did the same but he got out asking what I said - guess what - he was a policemen - I think he was on his way home after (presumably a stressful) shift.  From his demeanour I didn't want to escalate so made some apology for upsetting him but still said I wasn't impressed - he gave me a minute or so tirade about having an advanced driving qualification - maybe that gives him the confidence to make close passing sharp braking moves.

As Lukas points out police are trained and "... entrusted by society to use violence" - they need to be trained to "put up thy sword" once they have had to implement it, but some (like Chauvin) can't.

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Gary's bike channel replied to robike | 3 years ago
1 like

lol- advanced training courses dont teach you much, more how to control the car at higher speeds such as pursuits. When i did mine we got shown how to do j turns[ i could already do that] handbrake turns and how fwd vs rwd handles in a skidpan, that was pretty much it. My instructor got arsey with me because i argued with him, we were going 120 mph in a 2.5 litre turbo diesel focus around a very long bend and he told me to change from 4th into 5th and overtake a car i could see going at 60 mph[ the limit] i declined and said no,  the force of changing gear could spin us out, its better to rev it out past then get into 5th on the straight. He passed me but called me arrogant. Anyway, i passed a panda cop in a traffic jam a few years back, then ignored a shared path beside the road. The cop actually beeped and used the siren at ME, then pulled alongside gesturing at the pavement saying''' cycle lane, use the cycle lane mate!'' i got quite angry there and told him'' no, the road IS the cycle lane, you need to stop slowing me down''. They drove off shaking their heads. So no, police can act how they want, but it doesnt automatically mean they can drive better than anyone else, no matter what course theyve passed. 

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Gary's bike channel replied to robike | 3 years ago
0 likes

lol- advanced training courses dont teach you much, more how to control the car at higher speeds such as pursuits. When i did mine we got shown how to do j turns[ i could already do that] handbrake turns and how fwd vs rwd handles in a skidpan, that was pretty much it. My instructor got arsey with me because i argued with him, we were going 120 mph in a 2.5 litre turbo diesel focus around a very long bend and he told me to change from 4th into 5th and overtake a car i could see going at 60 mph[ the limit] i declined and said no,  the force of changing gear could spin us out, its better to rev it out past then get into 5th on the straight. He passed me but called me arrogant. Anyway, i passed a panda cop in a traffic jam a few years back, then ignored a shared path beside the road. The cop actually beeped and used the siren at ME, then pulled alongside gesturing at the pavement saying''' cycle lane, use the cycle lane mate!'' i got quite angry there and told him'' no, the road IS the cycle lane, you need to stop slowing me down''. They drove off shaking their heads. So no, police can act how they want, but it doesnt automatically mean they can drive better than anyone else, no matter what course theyve passed. 

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OldRidgeback | 3 years ago
2 likes

I understand why the guy was angry after a dangerously close pass. But that doesn't give him the right to hit anyone. As a police officer, he's supposed to set an example. Assasult is still assault.

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Chris Hayes | 3 years ago
2 likes

Wow, this story hits a whole bunch of nerves.  I was subject to a close pass a few days ago in the B1149 from Edgefield to Holt in Norfolk at around 1830 - so close in fact that the blue metalic hatchback hit my backside at about 60mph.  Fortunately, it wasn't an inch closer and luckily I didn't come off.  The driver thought about stopping and slowed down, but then saw my rage, obvioulsy thought better of it, and sped off.  With a few days hindsight - and reading this article - I think I'm grateful that they did.  

It's the first time in 30-odd years of road cycling that this has happened.  But it could also have been the first and last.  Statistically, the driver is likely to have been young, but this particular type of hatchback is more frequently driven by pensioners - which would lend itself to the demographic up here. 

I normally ride with rear light, but I'd taken it off to clean the bike. Visibility was good, but I was wearing a dark blue jersey, black shorts - but with shocking yellow Northwave shoes. But could this driver see me at all? 

I was riding within a metre of the road edge, but the road is tree lined.   As I usually ride with lights and at least something bright-pink,  do I make sure that I wear brighter colours?  Do I invest in a camera, which would ruin the sleek lines of my bikes?  I thought that I'd just count myself lucky and just carry on.  But looking at my Strava numbers...they're down a bit since. 

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0-0 | 3 years ago
2 likes

I think we can agree. It's better to kick the shit out of the driver's car, than the driver.

Also, I blame Rod Liddle for the incident  3

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BIRMINGHAMisaDUMP | 3 years ago
2 likes

I watched a very interesting conversation with a US attorney yesterday (I could probably find a link somewhere but will paraphrase) He was saying that the police are a legitimized group of people entrusted by society to use violence. Unless there are proper checks and balances and unless the  - ' the 'uniform' is always correct and the wearer of the uniform's word must be always be upheld' - attitude is not subject to serious and balanced review then what you have is just another 'gang'.

Obvioulsy he was talking in the context of the George Floyd lynching  - but the points hold. 

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Milkfloat | 3 years ago
5 likes

I would love to know what reasons the CPS came up with for not doing the basic function of their job.  I wonder if the Chief Freemason had a word.

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pablo | 3 years ago
4 likes

A police officer should uphold the highest standard in or out of uniform if they can't then they don't belong in it. Video evidence and witnesses were available so I'm not sure why he couldn't be charged.

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eburtthebike | 3 years ago
2 likes

While I've often wanted to do this, I've managed to control myself, and I have to wonder what was happening in the officer's life that had him on such a short fuse. That said, there is no excuse for inflicting such injuries on an old man and leaving the scene without calling help.

Slight incredible that the CPS decided not to charge him "The independent CPS prosecutor concluded that our legal test for a prosecution was not met and so no charges were brought." from a DM report, so I won't post the link.

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Compact Corned Beef replied to eburtthebike | 3 years ago
0 likes

Pretty astonishing indeed. I'd have been tearing my hair out if that was my Dad, even if he had close-passed the cyclist.

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mdavidford replied to eburtthebike | 3 years ago
0 likes

Presumably they considered that nominative determinism was a strong mitigating factor.

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Compact Corned Beef replied to mdavidford | 3 years ago
0 likes

Chapeau!

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grumpyoldcyclist | 3 years ago
11 likes

Shame that an officer with long service is provoked by a driver into resorting to violence and loses his job. The police will now consider the matter closed and completely forget that even their own can feel endangered and under threat from drivers, and so when the next cyclist submits footage of a close pass, they will decline to take action.

And so it will continue.

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NZ Vegan Rider replied to grumpyoldcyclist | 3 years ago
1 like

Agreed.

It might be good for everyone who submits a Police complaint re drivers to give them a copy of this.

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mrchrispy replied to grumpyoldcyclist | 3 years ago
0 likes

Somehow i dont think the drive stoped to apologise and the guy just piled into him.  The one positive we can take from this is old fella is at least going to be more careful around cyclists from now on.

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imajez replied to mrchrispy | 3 years ago
2 likes

mrchrispy wrote:

Somehow i dont think the drive stoped to apologise and the guy just piled into him.  The one positive we can take from this is old fella is at least going to be more careful around cyclists from now on.

The article states that the driver died shortly afterwards. From unrelated causes. 

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imajez replied to mrchrispy | 3 years ago
0 likes

Double post.

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brooksby replied to imajez | 3 years ago
0 likes

imajez wrote:

Double post.

Was it to do with ajax?  3

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mrchrispy replied to imajez | 3 years ago
0 likes

imajez wrote:

mrchrispy wrote:

Somehow i dont think the drive stoped to apologise and the guy just piled into him.  The one positive we can take from this is old fella is at least going to be more careful around cyclists from now on.

The article states that the driver died shortly afterwards. From unrelated causes. 

Ah so it does.

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ChrisB200SX replied to grumpyoldcyclist | 3 years ago
3 likes
grumpyoldcyclist wrote:

Shame that an officer with long service is provoked by a driver into resorting to violence and loses his job. The police will now consider the matter closed and completely forget that even their own can feel endangered and under threat from drivers, and so when the next cyclist submits footage of a close pass, they will decline to take action.

And so it will continue.

Indeed. I wonder if the footage showed a terrifyingly dangerous close pass.
Curious that you can break the jaw of someone inside their own vehicle?
Perhaps if driving standards were properly upheld, retaliation might occur less frequently when our lives are threatened by drivers?

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