12 Years for shooting a Garda, is that all a Garda is worth??

Turner

From Breakingnews.ie..



A gunman who blasted a garda sergeant with a shotgun in a cocaine-crazed incident arising from a feud between members of two west Dublin families has been given a 12-year sentence.

Sergeant Mark Clarke thought he was going to die when he was hit in the chest and arm after a sawn-off shotgun was discharged from a stolen car and lead pellets may remain in his body for the result of his life.

Gardaí Jacinta Gordon. John Dunne and Leanna Cruise, and a civilian, Mr Arunas Rimeika, also feared for their lives when the same man pointed the shotgun at them shortly afterwards as he tried to highjack Mr Rimeika's van to escape in the Crumlin area on September 27, 2006.

Jonathan Radford (aged 22) of Rutland Grove, Crumlin - who was the gunman - and a then 16-year-old youth who cannot be named for legal reasons, pleaded guilty at Dublin Circuit Criminal Court last November to a total of 13 charges arising out of the incident.

Radford pleaded guilty to seven counts of having the shotgun and cartridges with intent to endanger life and having them with intent to endanger the lives of Gda Gordon and Mr Rimeika, and to threatening Mr Rimeka with a loaded shotgun.

The now 17-year-old youth pleaded guilty to six charges of having a gun and ammunition with intent to endanger life, unauthorised taking of a Mitsubishi Lancer car, dangerous driving, and driving without a licence or insurance on the same occasion.

Judge Frank O'Donnell noted when he heard the evidence that the case demonstrated the dangers faced by gardaí when they are called out to investigate serious incidents.

"We rejoice that Sgt Clarke is here with us and the other gardaí involved do not overestimate the effect it had on them in their victim impact statements," he said.

Judge O'Donnell imposed a 12-year sentence on Radford with the final two years suspended on conditions and eight years on the teenager with the final three suspended.

Detective Inspector Brian Sutton told prosecuting counsel, Mr Paul Carroll BL, that the incidents in the charges happened after gardaí were called to investigate a shot fired at the Kenny family home on Monasterboice Drive in the early hours of the morning.

Sgt Clarke and Gda Maria Feen took up duty at about 6am to preserve the scene. They noticed a wine-coloured Mitsubishi Lancer car approach the house at around 7am but it then reversed and did "a wheel spin" before taking off at speed.

Sgt Clarke believed from what he had been told earlier by the now-deceased Mr Ian Kenny that the car was involved in the shooting incident and when he saw it return from the opposite end he decided to approach the vehicle which he noticed was being driven by a young person.

Det Insp Sutton said that as Sgt Clarke reached for his baton, he saw Mr Kenny approach the car and throw a beer bottle through a window into it. He then saw a shotgun pointing out the window and was in immediate fear of his life.

He turned to his left and felt a stinging in his chest. He realised he had been shot and feared he might die.

Sgt Clarke then heard a lot of people screaming and saw blood streaming down his arm.

Det Insp Sutton told Mr Carroll that part of Sgt Clarke's uniform had been blown away where he was shot. Other gardaí arrived on the scene and he was taken to hospital.

People who had tried to get Mr Kenny away from the scene also saw the shotgun being fired and Sgt Clarke falling to his knees as the Mitsubishi Lancer sped away from the scene. It had been reported stolen by its owner some hours earlier.

At about 7.30am other gardaí spotted the Mitsubishi Lancer in which the driver had a black hood over his head and they pursued it at speed over several roads in the Crumlin and Drimnagh areas.

Det Insp Sutton said a Fiesta coming on to a mini-roundabout at the junction of Moran Road and Benbulbin Road was struck and knocked over on its side by the stolen car which was being driven on the wrong side and came to a stop as a result of the collision.

Gardaí and civilians went to the assistance of the Fiesta's driver, and Gda John Dunne tried to pull the teenage driver out through the window of the Mitsubishi Lancer because the door wouldn't open.

Gda Dunne struggled with the teenage driver who bit him and ran off towards Mourne Road church while Radford, got out through the passenger door and ran towards a van which had stopped at a yield sign.

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Det Insp Sutton said Radford then pointed a shotgun at the van driver, Mr Rimeika. When Gda Gordon and Cruise approached Mr Rimeika's van, Radford pointed the shotgun at Gda Gordon's chest and she backed off with her hands-up for fear of her life. Gda Cruise feared both she and her colleague would be shot.

Radford then held the shotgun to Mr Rimeika's head while Gda Dunne went back to the patrol car to call for armed back-up and they heard another shot being discharged.

Mr Rimeika told gardaí that Radford was roaring "move, move" at him and when he saw he was about to discharge the gun again he hit Radford's arm to put his aim off. He then pushed Radford against the car door and helped Gda Dunne restrain and arrest him.

Det Insp Sutton said Mr Rimeika later suffered from shock when he realised he could have been shot. Two unspent cartridges were found in a glove in the Mitsubishi Lancer. The shotgun was found to be in bad condition but capable of being discharged.

Radford told gardaí he was surprised the shotgun went off and hit Sgt Clarke. He said there was no intention of shooting him and that the gun was pointed at him to get him away from the Mitsubishi Lancer. Shooting him was an accident and he regretted that. "It wasn't meant to go off, at all".

Dempsey was arrested in the Cork Street area some hours later. He said he was in bed at the time of the events and was never in the Mitsubishi Lancer. He maintained that in a second interview.

Det Insp Sutton said the teenager had previous convictions for dangerous driving, driving without insurance, unauthorised taking of vehicles and other offences. He left school at an early age and was "out of control" as far as the gardaí were concerned. "Any time he was out of prison he got into trouble."

Det Insp Sutton said Sgt Clarke had 11 gunshot pellets lodged in his chest and two in his arm. Unless there are complications at any stage they will remain there for life.

He was four months on sick leave, has had psychological counselling having suffered from memory flashbacks, anger and memory loss. The other gardaí had also been affected by the gun pointed at them.

Det Insp Sutton told Mr Brendan Grehan SC (with Mr Vincent Heneghan BL) that Gda Dunne knew the teenager whose father died from a heroin overdose when he was about one year old. He had a cocaine habit when this incident happened and had been at liberty only 13 days.

The teenager's mother was also a heroin addict and he was getting into trouble at school from a very early age before being eventually expelled.

Det Insp Sutton agreed with Mr Grehan that social workers became involved and he spent three years at St Joseph's in Roscrea. He ran away a few times and would get into trouble whenever he spent a few days in Dublin. "He would revert to his old ways every time he came home."

Det Insp Sutton agreed with Ms Aileen Donnelly SC (with Mr Eoghan Cole BL) there was no extra struggle when Radford was out of the van where he was restrained by Gda Dunne with the assistance of Mr Rimeika.

The incident in the van lasted about 10 seconds. Radford had a turn in the garda station as a result of having consumed cocaine and alcohol and was taken to hospital for treatment.

Det Insp Sutton also agreed that Radford's mother was a drug addict and he was brought up by a man he thought was his father but found out was his stepfather and he was also a drug addict. Radford started abusing heroin at an early stage and also developed a cocaine habit.

Mr Grehan noted that gardaí "never know what faces them when called to an incident" and said that thankfully none of them suffered more serious consequences in this matter.

He said the teenager believed "he deserves whatever sentence he gets" and accepted that what happened to Sgt Clarke was "wrong and bad".

Mr Grehan said the teenager apologised through him to all the gardaí and civilians affected by his role in the incident and was willing to meet all of them face to face to tell them that that if they wished to meet him.

"All the stabilising factors we might hope for in our lives were absent for him and he is in effect a second-generation drug addict," said Mr Grehan who added that his client was now clean of drugs and in a drug-free part of the prison in custody.

Ms Donnelly said there seemed to be "a large drug element" to this incident and Radford's memory of it was "very scattered". A psychological report on him showed he acknowledged his need for change and his willingness to become involved in treatment towards rehabilitation.

She submitted that civilian witnesses of the shooting seemed to suggest there was no attempt to hit Sgt Clarke and Radford wrote a letter in June with the help of the prison chaplaincy in which he expressed his deep remorse for the trauma caused to Sgt Clarke and his family.

Ms Donnelly submitted that "it might be to society's benefit" if part of his sentence was suspended to allow for treatment.

seamus

If Gda Clarke had been killed, it would have been a much stiffer sentence. Plenty of people have gotten well less than 12 years for manslaughter, so it seems like the fact that a Garda was involved, was taken into account.

However obviously the court also believed the "It wasn't meant to go off" bull. Even if that was true, pointing it is no less serious than pulling the trigger. What were the actual charges - surely attempted murder was in there?

TheNog

No attempted murder as the perp would have had to have intent (i.e. planned) on killing the Sgt. It was a cock and bull story of the gun wasn't supposed togo off. Why then did he have it loaded and even after discharging the first unintentional shot did he reload the weapon.

I don't understand this suspended sentence at all just because the perp is drugs free and in a programme. The perp can now go back on drugs in prison and serve his 10 years. Why not say "I am sentencing you to 12 years in prison but if you enter a programme and remain free of drugs for the next 10 years then I will suspend the last 2 yrs". There would of course be a need for a random testing

Fyr.Fytr

Should have been a lot stiffer sentence, including charges over the stolen vehicle, dangerous driving, failure to stop, attempted robber of the van etc etc

TheNog

Fyr.Fytr wrote: »

Should have been a lot stiffer sentence, including charges over the stolen vehicle, dangerous driving, failure to stop, attempted robber of the van etc etc

Those charges probably would have been preferred but the DPP probably would have decided on a strike out once they got a guilty plea. This saves money for the taxpayer during the court and they also get a lighter sentence if they enter an early guilty plea

Fyr.Fytr

Oh I know that nog im just saying if the dpp used that common sense you where on about, the scrote wouldnt see sunlight for 20+ years

eroo

12 years for shooting a Garda?He''ll be out in 8/9 with good behaviour(well,maybe).

I'm not surprised,just look at what happened to those who murdered Det.Gda.Jerry McCabe..

Eru

12 years is a long sentence for a wounding / intent charge compared to whats handed out most of the time.

Every offence commits on court bail is a judges fault, every warrent issued after court bail is the judges fault. How they dont get that or even worse, attack Gardai for not catching them or executing the warrent fast enough is a disgrace.

In fact guys, our sentencing and courts are a joke that lets the Gardai, victims and society as a whole down. Only the criminals are laughing. Whens the last time a victim or Garda walked from court happy with a sentence?????

remmurts

I agree, 12 years, out in 8, is pathetic. It's an insult to the Gardai whom he tried to kill. He should consider himself blessed and lucky...in any other country he would've been shot dead on the spot by responding police as soon as he produced the shotgun.

Hopefully he'll contract some gouger-type diseases and die a painful death in prison.

TheNog

Fyr.Fytr wrote: »

Oh I know that nog im just saying if the dpp used that common sense you where on about, the scrote wouldnt see sunlight for 20+ years

Aye and I agree totally with ye but if that did happen then the government would be bleating that it costs too much to keep a prisoner locked up. Think it currently runs at €70k per annum for the likes of Wheatfield, Cloverhill etc and approx €100k for Portlaoise

This sh*te of a defendant's barrister saying "he's trying to turn his life around" or "this time he is really making an effort" or " he was off his head on drugs" really biles me. When this happens the judge should look for the transcripts of the last 5 court appearances/sentences the scrote has and see if the same rubbish was produced before sentencing.

A mandatory sentence should be introduced for people who commit X amounts of offences. Say a limit of 20 offences should get you an automatic sentence of 15 yrs or something similar. People who have 20 or more offences are really taking the mick out of society as a whole.

Turner

He got off lightly.

Remember the 2006 weapons amnesty and laws brought in by McDowell.

From tomorrow, 1 November 2006, persons who failed to avail of the amnesty and continue to hold weapons illegally will face very harsh penalties when the mandatory minimum prison sentences provided for in the Criminal Justice Act come into effect.

The new penalties are as follows:

Possession of firearms with intent to endanger life - maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years imprisonment;
Prohibition of use of firearms to resist arrest or aid escape - maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years imprisonment;
Possession of firearm while hijacking a vehicle - maximum sentence of 14 years imprisonment and a mandatory minimum sentence of 5 years imprisonment;


So he got 12 years with two suspended.

Thats 10 years.

Which is the minimum sentence!! And for doing it to a Garda an officer of the state puting his life on the line representing everybody in the country!!

TheNog

Just goes to show that the court system has its head in the sand regarding what's really happening these days. Judges keep giving people with 60 or more previous convictions a chance by giving lenient sentences.

Trojan911

TheNog wrote: »

This saves money for the taxpayer during the court and they also get a lighter sentence if they enter an early guilty plea

This is exactly what is going on in the UK, charges are reduced to save money in the courts.

If you can caution or reprimand a person for an offence, when they are clearly entitled to be charged it saves time & money.

Example: If you charge someone with a Sec3 POA offence, then CPS will knock it down to a Sec4 which then get boshed to a caution at the nick, so no court appearance. Done & dusted.

Fact: Five people get nicked for criminal damage when they enter a car showroom and spray the cars with paint in demonstration for some eco cause they are waffling about. They get nicked & then cautioned for burglary, which is a clear up for the local division.

This is fine & good to save money but it gives total disregard to a victim who has suffered.

Fyr.Fytr

Trojan911 wrote: »

This is exactly what is going on in the UK, charges are reduced to save money in the courts.

If you can caution or reprimand a person for an offence, when they are clearly entitled to be charged it saves time & money.

Example: If you charge someone with a Sec3 POA offence, then CPS will knock it down to a Sec4 which then get boshed to a caution at the nick, so no court appearance. Done & dusted.

Fact: Five people get nicked for criminal damage when they enter a car showroom and spray the cars with paint in demonstration for some eco cause they are waffling about. They get nicked & then cautioned for burglary, which is a clear up for the local division.

This is fine & good to save money but it gives total disregard to a victim who has suffered.

Yea its a joke trojan, just finished reading "Wasting Police Time" by P.C. David Copperfeild and was astounded by even the concept of "admisitrative detections" and how limited you are by PACE

eroo

I think there should be more younger judges..they'd have a better understanding of todays society..but then again it takes years and years to become a judge!

metman

Fyr.Fytr wrote: »

Yea its a joke trojan, just finished reading "Wasting Police Time" by P.C. David Copperfeild and was astounded by even the concept of "admisitrative detections" and how limited you are by PACE

The author went off to Edmonton Police in Canada. Having read it you could be forgiven for thinking the author was a world weary policing veteran. In reality he had just over 3 years service. I think the consensus was that he made a better writer than copper :rolleyes:

However the point about detections stands. Senior management in this country is obsessed with ticking boxes to the exclusion of common sense.

Having only ever worked under PACE I can't really comment on how police freedoms are curtailed in comparison to the old school. However I think the system in place is pretty good and protects officers from malicious complaints as well as setting out the standards for practices regarding suspects.