AN apprentice plumber who smeared his blood on the walls of a garda cell, assaulted two gardaí and had a kitchen knife in his possession, has been told to start saving fast if he is to avoid going to prison.
Daniel McCarthy of 12 Ard na Mara, Cappagh, Kinsale appeared at a recent sitting of Bandon District Court where he pleaded to numerous offences that occurred last Christmas.
He was charged with assaulting Gda Noelle O’Dwyer and Gda Fergal Dowling, two charges of careless driving, the possession of cannabis, criminal damage to a garda cell and the production of a kitchen knife.
Sgt Trish O’Sullivan told the court that on December 20th last at 8.15pm a female motorist reported to gardaí about a car driving from Kinsale to Belgooly which had been overtaking cars dangerously.
‘A short time later she came across a single vehicle collision and she helped the defendant out of the car. There was a strong smell of alcohol from him and he was agitated and had blood on his hands,’ said Sgt O’Sullivan.
‘Another person arrived on the scene to help and they took the keys from the car and he then left the scene.’
The court that when gardaí called to the defendant’s home they saw him running in.
‘His mother let the gardaí in and they went up to his bedroom where he pushed Gda Dowling and jumped out the bedroom window.
‘Gda O’Dwyer tried to stop him and he pushed her against a wall.’
Within a few minutes he was found with a 12inch knife and started shouting at his family. He was arrested but continued to be aggressive and was taken to Bandon Garda Station. ‘When he was put in the cell there he smeared his blood on the walls of the cell and that had to be cleaned and closed for a period be cleaned.’
During interviews, he admitted to all the offences including the possession of cannabis, which was found in his car which was seized by gardaí.
The court heard the defendant has seven previous convictions which include the possession of cannabis, public order and assault.
Defence solicitor Eamonn Fleming said his client had paid €150 to gardaí for the cleaning of the cell,
Mr Fleming handed into court a letter from his client’s doctor, as well as references from his employer, and said he has an ADD diagnosis. He also said his client has made an application to attend Arbor House treatment centre and presented a clear urinalysis report for Mr McCarthy.
‘He is determined to stay clean and the events on the night in question arose out of a silly family dispute which was not dealt with well by him. Intoxicants don’t agree with him and he had been addicted to drugs for some time,’ said Mr Fleming.
Judge McNulty said: ‘It’s a record of social irresponsibility.’ He also said that he couldn’t stop thinking of the gardaí at Christmas with their families and the home they had to go back to after this incident.
Mr Fleming said his client immediately dropped the knife when asked to do so by gardaí, he co-operated fully in the subsequent interview and that he is finally getting the help to deal with his issues.
Judge McNulty noted that for the ‘grace of God’ no one was injured and also said he hadn’t heard any word of attrition of regret from the accused.
Mr Fleming said his client very much regrets what happened and that his parents have ‘woken up’ to the difficulties he is causing to society. He added that his client hasn’t been in trouble with the gardaí since this incident.
Judge McNulty said he would give Mr McCarthy the ‘time and space’ and put it back to December 19th for a review and indicated that he may not conclude on that day either.
He requested an updated GP report, as well as updated urinalysis report from dates that are not to be chosen by him. Judge McNulty also requested a report from Arbor House and added that gardaí can re-enter matters if he comes to the attention of gardaí in the interim.
‘He also needs to start saving if he is avoid prison as the fines will be significant and will be not less than €2,000, but up to €3,000,’ said Judge McNulty, who added that there is plenty of work and overtime out there.
He also directed him to refrain from ‘smoking weed.’
