A MAN who fired an imitation pistol while chasing another man has escaped a jail sentence.

Disc jockey Brendan Kehoe was cycling home with a friend when they encountered Brian Mark Duggan, said Peter Moulson, prosecuting at York Crown Court.

Mr Kehoe gave a greeting, but Duggan said something meaningless then started chasing the disc jockey's friend, who had got off his bike.

As Mr Kehoe rode off, he heard a gunshot. He later met up with his friend "who was petrified", said Mr Moulson.

Duggan, 28, of Baffam Gardens, Selby, pleaded guilty to affray and possessing an imitation firearm. He was given a community order with 18 months' supervision and 18 months' mental health treatment. He was also ordered to pay £500 prosecution costs.

"I have no doubt that the people were completely terrified," said Judge Stephen Ashurst.

He could send him to jail, but the public would be better protected in the long-term from Duggan repeating the offence by him getting treatment.

His barrister Michael Greenhalgh said Duggan was unwell mentally and under stress at the time of the offence, but was now taking his medication.

Mr Moulson said Duggan had drunk half a bottle of whisky and other drinks in the hours leading up to the encounter on October 29 in Selby.

He had blamed one of the two bike riders for an attack on him on an earlier occasion.

Police had arrested him at his home within hours of the attack and within half an hour found the imitation pistol hidden near a railway line in Selby with 12 blanks.

They also found more blanks at Duggan's home.

The prosecution accepted defence claims that it effectively could not be fired.

Mr Kehoe was on his way home after working as a disc jockey in Goole and his friend was riding pillion when they encountered Duggan sometime after 1.20am.

Mr Greenhalgh said Duggan was well qualified, had a job and his own property. He accepted he had done wrong and that he had problems that he had to overcome.