Judge jails Co Clare man who threatened to set hitch-hiker on fire
Judge Comerford said that in 'terrifying circumstances', Mr Joyce had made 'rational, repeated and highly credible threats to harm a perfect stranger'
A judge has jailed a 31 year old Ennis man for three years and five months for threatening a hitch-hiker that he would set him alight after pulling out a plastic bottle full of petrol.
At Ennis Circuit Court, Judge Francis Comerford imposed a 53 month prison term on Brian Joyce and suspended the final 12 months.
Judge Comerford said that in 'terrifying circumstances', Mr Joyce had made 'rational, repeated and highly credible threats to harm a perfect stranger'.
In the case, Brian Joyce of St Enda's Park, Beechpark, Ennis had pleaded guilty to threatening to kill or cause serious harm to Cork native, John Hourihan between Lahinch Rd, Ennis and Monreel South, Ennistymon on the N85 on August 13th last.
The News in 90 Seconds - Tuesday, 6th of May
Brian Joyce made the alleged 'light you up' threat to Mr Hourihan while Mr Joyce's pregnant partner was driving and their two young children aged 7 and 9 were back seat passengers along with two puppy dogs.
Mr Hourihan was hitch-hiking to Lahinch out of Ennis at around 5.30pm on August 13th when he was picked up.
Garda Amy O'Connor said that Mr Hourihan got into the back seat and front seat passenger, Brian Joyce said he wanted money for giving him a lift, which was disputed in court by counsel for Mr Joyce, Amy Nix BL.
Garda O'Connor said that Mr Joyce pulled out a Powerade bottle containing petrol and threatened Mr Hourihan that he would set him alight if he did not pay them money.
Garda O'Connor stated that Mr Hourihan felt his life was in danger and was afraid that Brian Joyce would burn him
Garda O'Connor said that Mr Hourihan lunged forward and managed to snatch the bottle from Brian Joyce and demanded that the car be stopped.
Garda O'Connor said that the car was stopped and Mr Hourihan got out before the silver Golf drove off.
Garda O'Connor said that when the 171 CE Volkswagen Golf car came back down the road, Mr Hourihan had his phone out and took photos of Mr Joyce and his partner in the car.
Garda O'Connor said that Mr Joyce's DNA was taken from the Powerade bottle and Judge Comerford said that there was no explanation for Mr Joyce having the bottle of petrol in the car.
Garda O'Connor said that Mr Joyce has a number of previous convictions including one for causing serious harm where he attacked a young person with blades causing 200 stitches.
On behalf of Mr Joyce, Amy Nix said that the facts of the incident 'are frightening and deplorable and Mr Joyce knows that'.
Mr Joyce has been on remand in custody on the offence since August and Ms Nix said that her client missed the birth of his third child while in custody.
Ms Nix said that Mr Joyce accepts that his reaction in the car as over the top, ridiculous and wrong.
In a letter of apology, Mr Joyce said that 'I know my apology is a drop in the ocean when compared to how I must have made him feel'.
He said: 'I am deeply, deeply ashamed and remorseful of what I did and I regret it with all my heart. During my time in custody I have huge realisations about how serious words can be".
He said: 'I made the remark with no intention behind it but I can see how it was perceived.'
Mr Joyce said that the deaths of his father in 2013 and a brother in 2017 had made him emotionally numb.
Ms Nix said that Mr Joyce has zero ill feeling towards Mr Hourihan.
Ms Nix said that Mr Joyce has been diagnosed bi-polar, schizophrenia and depression and is being treated for those conditions.
Ms Nix said that Mr Joyce has made great progress while in custody where he worked as a cleaner in prison and has not picked up any disciplinary notices.
Judge Comerford backdated the prison term to August last when Mr Joyce first went into custody.
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