Man who threatened to shoot garda and spat blood in patrol car has jail term overturned
A man who threatened to shoot a garda, acted 'extremely aggressively' and spat blood in a patrol car has had his six-month prison sentence replaced with a suspended term on appeal.
Thomas McDonagh (23) with a last address at St Margaret's Park, Ballymun, Dublin made threats to a garda member's life and repeatedly squirted Lucozade at him.
McDonagh had pleaded not guilty in the District Court to four charges including failure to comply with a garda member under section 8 of the Criminal Justice (Public Order) Act, 1994, obstruction of a peace officer under section 19 of the act and threatening and abusive behaviour under section 6 of the same act.
He also faced a charge for the criminal damage of a garda car under section 2(1) of the Criminal Damage Act 1991. He was convicted of all four charges and given a sentence of six months in custody, a term against which he later appealed.
Dublin District Court
Today's News in 90 Seconds - July 19th
Garda Pierce O'Dwyer told the District Court Appeals Court on Monday that he responded to a call at St Margaret's Park in Ballymun on May 12, 2023.
He said that gardaí were surrounded by ten to 12 men who were demanding that they leave and were acting aggressively.
Garda O'Dwyer said that McDonagh was 'extremely aggressive from the start' and shouted a number of threats at him, including that he knew where he lived and that he would shoot him.
He said that McDonagh sprayed him twice with a bottle of Lucozade and continued to be aggressive with him.
Garda O'Dwyer said that McDonagh was arrested, handcuffed and conveyed to a garda station, where his aggressive behaviour continued and he spat blood in a garda car, resulting in a cleaning fee of 52 euro.
Defence counsel for McDonagh, Paul Larkin Coyle BL, said his client now accepts that his behaviour was totally unacceptable and was appealing the case on the severity of his sentence only.
Mr Coyle said McDonagh was 'begging for a chance' so that he can be present for his children and that his client made an apology to the garda and the court for his behaviour.
Mr Larkin said that McDonagh's pregnant wife was in hospital at the time of the incident, and McDonagh 'got lost in the emotion of it' and 'totally lost the head'.
He said that his client is now the father of twins, understands the error of his ways and has removed himself from a situation where he was getting in trouble.
The court heard that McDonagh has 22 previous convictions, including incidents of theft, criminal damage and the possession of a knife.
Judge Christopher Callan said that McDonagh's actions were serious and it was 'difficult to see how the court can have much sympathy for him' after he threatened to shoot a garda and behaved aggressively.
Judge Callan said that the job of a garda in this day and age is very difficult and what McDonagh did 'does not make it easy'.
He said that what McDonagh did to the garda was 'completely unacceptable' but it does appear that he is turning a corner in his life since the incident.
Judge Callan decided to suspend McDonagh's six month sentence for a period of two years on the condition that he keeps the peace, engages with the probation services and provides a donation of 500 euro to the Capuchin Day Centre.
Funded by the Courts Reporting Scheme
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Sunday World
2 hours ago
- Sunday World
Man accused of assaulting retired judge remains in custody after being refused bail
At Ennis District Court, Jamie O'Connor was making his fourth appearance in court concerning the charge that he assaulted retired district court judge, Joseph Mangan The County Clare man charged in connection with the alleged street assault of a retired district court judge remains on remand in custody after being refused bail in the High Court, a court has heard. At Ennis District Court, Jamie O'Connor was making his fourth appearance in court concerning the charge that he assaulted retired district court judge, Joseph Mangan on Saturday, June 14th. Mr O'Connor (44) of Laurel Lodge, Clare Rd, Ennis has been in custody since June 18th after Judge Alec Gabbett refused an application for bail. Mr O'Connor subsequently made an application for bail to the High Court and Sgt John Burke at Ennis District Court has told Judge Gabbett that the application was refused. Sgt Burke said that there is progress in the investigation. He said that the Director of Public Prosecutions (DPP) directions are not yet available but that the file in the case is ready to be submitted with the DPP. He said that Gardai have also obtained a medical report on the alleged injured party. In connection with the alleged assault, it is alleged that Mr O'Connor - who was appearing via video link from Limerick prison - told the former judge 'you put in jail for nothing' before allegedly punching him outside an Ennis cafe. The retired judge - now in his early 80s - served as a judge for 27 years and was the assigned district court judge for Clare from 2001 to October 2011 when he retired at the age of 67. In the case, Mr O'Connor is charged with the assault causing harm of Joseph Mangan at Barrack Court, Ennis contrary to Section 3 of the Non Fatal Offences Against the Person Act on June 14th. At a contested bail hearing on June 18th, Judge Gabbett said: 'This is an extremely serious alleged offence where a retired district court judge now into his 80s was allegedly assaulted for carrying out a public duty when he was a judge.' Sgt John Burke told the bail hearing that at 2.25pm on June 14th, Mr Mangan was sitting outside the Gourmet Store on Barrack Court in Ennis having a coffee. Sgt Burke said that it will be alleged that Mr O'Connor approached Mr Mangan 'and told him aggressively 'you put me in jail for nothing'. Sgt Burke said: 'Following a brief interaction it is alleged that Mr O'Connor stood up and punched Mr Mangan.' Sgt Burke said that Mr O'Connor then fled the scene in the direction of O'Connell Street. He said that Mr Mangan went to the local injuries unit in Ennis where he was treated for possible concussion and dizziness. Sgt Burke said that Mr Mangan made a statement to local Gardai. Sgt Burke said that Mr O'Connor was later arrested where he made no admissions 'and blamed alcohol for his memory loss'. Mr O'Connor (44) of Laurel Lodge, Clare Rd, Ennis is also charged with on June 15th stealing three X cans of beer valued at €11.40 from Dunnes Stores, O'Connell Street, Ennis. The alleged theft occurred one day after Mr O'Connor is alleged to have assaulted Mr Mangan. The High Court. Stock image/Getty News in 90 Seconds - July 24th
The Journal
a day ago
- The Journal
Victim of alleged Dublin mugger got tetanus shot after accomplice 'dug' her fingernails into his arms
A MAN HAS been accused of punching a reveller in the back of the head before an accomplice 'dug' her fingernails into his arms, causing an infection, during a street mugging in Dublin. Robert Maguire, 35, was charged with robbery on Sycamore Street on 31 May last and refused bail by Judge Máire Conneely at Dublin District Court today. Garda Shane McConkey stated that at around 3.15am, the injured party was on his way home after socialising in the city centre. He turned onto Sycamore Street, in Dublin 2, when Maguire and a woman allegedly pursued him. The accused, who resided at a hostel on Merchant's Quay, Dublin 8, reportedly punched him in the back of the head, causing him to become disoriented. The pair then wrestled him into a doorway before another male became involved, and they threw him to the ground. The complainant dropped his iPhone 15. The second male robber picked it up as the female accomplice allegedly 'dug her nails into his forearm and attempted to pull his watch off of his wrist'. The garda who objected to bail stated that this caused the man extreme pain. 'He attempted to fight back but was overwhelmed when the third male returned and helped pin him to the ground.' It was alleged that the three suspects then rooted through his pockets. Advertisement The man shouted for help, and the trio fled when several members of the public approached. The court heard there was an unsuccessful bid to use his bank card, which had been in his phone case, in a shop at O'Connell Street. It was claimed the man suffered bruising to both his elbows, scrapes to his right forearm, and deep nail marks on his wrist and left bicep. He went to a doctor the following day and needed a tetanus shot due to the deep nail marks on his arms becoming infected. Judge Conneely was informed that the man had to take antibiotics for several days. He also missed work due to his injuries and psychological effects. CCTV footage was obtained. A decision awaits on whether the accused will be tried in the District Court or the Circuit Court, which has wider sentencing powers. Defence counsel Sam Friel argued that his client, who has yet to plead, was entitled to the presumption of innocence and could face a lengthy period of pre-trial detention. Garda McConkey agreed that the identification evidence did not come from the complainant but was based on the belief of gardaí that the accused was the person in the CCTV footage. However, he asserted that a jacket had been seized from the accused's hostel room, which matched the video evidence. Legal aid was granted. Earlier this month, a 34-year-old woman who allegedly dug her fingernails into the man's arms was refused bail after she too was charged with robbery.
Irish Daily Mirror
a day ago
- Irish Daily Mirror
Man and woman jailed after dog found dead in yard with plastic in stomach
A man and a woman have pleaded guilty to number of animal neglect charges at Navan District Court. On July 18, 2025, Kevin Horace and Kayla Rafferty with an address at 20 Oaklawns, Clogherboy Park, Navan, Co Meath pleaded guilty to six offences each under sections 11, 12 and 13 of the Animal Health and Welfare Act 2013. The charges related to two emaciated dogs, one of which died, due to its neglect. The court heard evidence that ISPCA Inspector James McCormack called to the defendants' address on February 26, 2024, in response to a report received. He saw two dogs in the back garden, both of which were in poor condition and one of which was already deceased and lying by the back door. There was no food, water or shelter available, and there was a black discharge from the dead dog's rear. The Inspector spoke to Horace and Rafferty under caution, and they admitted joint ownership of the dead dog, a long-haired Terrier that had been named Bruno. Ms Rafferty claimed ownership of the other dog, a Collie pup called Sheba. They conceded that the dogs had not been checked since the previous day, although it was lunchtime when the Inspector called, and they were not aware that Bruno had died. There was dog food and a bowl of water inside the house, but the dogs did not have access to them. The two dogs were removed for veterinary assessment, and both were found to be extremely underweight with body condition scores of just one out of nine. Their bones were prominent, and the stomach of the deceased dog was found to be empty other than for sharp pieces of plastic and dark black digestive juices. Their conditions were attributed to starvation. The Irish Mirror's Crime Writers Michael O'Toole and Paul Healy are writing a new weekly newsletter called Crime Ireland. Click here to sign up and get it delivered to your inbox every week The court was furnished with photographs taken by Inspector McCormack and heard that there was clear evidence that the two canines had been neglected, in total disregard as to their health and welfare, and exposed to unnecessary suffering over a prolonged period of time. It was also revealed that the two accused were offered the opportunity to take part in a formal interview but refused, stating that they were "too busy". Ms. Justice Eirinn McKiernan decided that the only appropriate sentence for the offences was a custodial sentence and sentenced both defendants to imprisonment for a term of two months on one offence with all other charges taken into consideration. She refused requests from Ms Rafferty's defence solicitor to suspend her sentence, even temporarily. Judge McKiernan also made two disqualification orders banning both Mr. Horace and Ms. Rafferty from owning, having any interest in, keeping, dealing in or having charge or control, directly or indirectly, of an animal, for life. Sheba the collie cross. (Image: Irish Mirror) Reflecting on the case, Inspector McCormack commented: "It was shocking to find Bruno dead in the yard, lying against the back door. His only hope was the occupants of the house, and they never came. Instead, he died in the yard from starvation, with only plastic in his stomach. He was failed utterly - a loyal companion left in the yard like unwanted trash'. He added: 'Sheba the pup was lucky that the call was made. Although very underweight, she got out in time, recovered fully, and now lives in a loving home. Sheba got a chance that her companion did not. I would encourage anyone to report any incidents of cruelty. We are there to help, sometimes the only voice they have." The ISPCA urges the public to continue reporting any suspicions of animal cruelty or neglect to its National Animal Cruelty Helpline by calling 0818 515 515, email helpline@ or report online here: If you can, please support the ISPCA by making a life-saving donation today to help rescue more animals from appalling situations just like this one: Get all the big crime and court stories direct to your phone on our new WhatsApp service. Sign up here.
