Sunday, March 14 2010

News

Five months for teen who spat at garda

Wednesday December 23 2009

A TEENAGER who told a garda to 'f*** off' and then spat in his eye after being arrested outside a Swords nightclub has been jailed for five months and fined a total of € 1,600. Dean Evans, Grange Park, Raheny, appeared before Judge Patrick Brady at Swords District Court last week.

Evans, who is 19, pleaded guilty to assault, public intoxication, engaging in threatening, abusive or insulting behaviour in a public place and failing to comply with garda directions.

Defending Evans, solicitor Fiona D'Arcy made an application for legal aid, noting her client was working as apprentice plumber. Sgt Paul Madden verified the defendant was 'at risk' of a sentence or community service if convicted.

Giving evidence, Garda Brian Reidy told the court gardaí had been called to deal with a public order incident at the Wright Venue, at 2.25am on October 10th.

'There were a large number of youths outside, who were shouting at gardaí and other members of the public,' Garda Reidy said.

'The defendant was highly intoxicated and I told him to desist and leave the area at least three or four times. He told me to 'f*** off'.

'He was intoxicated and when he was arrested, there was a struggle. I put him into the back of the patrol car and he spat into my eye.

'He had to be restrained throughout the journey back to the station. He was kicking out and was very aggressive on the night.' Ms D'Arcy noted Evans had since made a sincere apology to the garda and was a 'completely different person' to the one that had been arrested on the night, a point Garda Reidy agreed with.

'His brother was punched and he tried to intervene to break it up,' Ms D'Arcy said. 'The gardaí arrived and he didn't think he had committed any offence and he reacted totally inappropriately.

'He is mortified at what he did and it was completely out of character. He is very young and never came to the attention of the gardaí before. He is a fourth year apprentice plumber and a custodial sentence would have a devastating effect.' Judge Brady respsonded: 'In our society today and having regard to certain health issues, to spit at somebody is a serious offence, especially to spit into someone's eye or mouth.' Evans was fined € 500 and given six months to pay for the assault charge and jailed for five months. He was fined a further € 350 for public intoxication, with six months to pay.

For refusing to comply with garda directions, he was fined € 750 and given a four month jail sentence, to run concurrently, while the charge of engaging in threatening, abusive or insulting behaviour in a public place was taken into consideration.

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