A 73 year-old farmer has avoided jail over a shooting incident inn which he took issue with workers laying a broadband cable near his home and decided to try and scare them off by firing shots in the air.
Daniel Twomey from Dunmarklun, Lissarda, Co Cork pleaded guilty at Cork Circuit Criminal Court to discharging a double-barrelled shotgun in circumstances where he was reckless as to whether a person was injured or not on December 7th, 2022.
Garda Annemarie Kelleher of Millstreet Garda Station told the court a group of workmen had begun work on laying a broadband cable near Twomey’s home early on the morning in question when one of the men heard a loud bang.
“He felt pellets raining down on top of him and pellets also hit the roof of the van,” said Garda Kelleher, adding that moments later Twomey approached the men and shouted at them to “leave now, or I’ll shoot ye”.
Mexican beauty influencer Valeria Márquez shot dead while livestreaming on TikTok
PGA Championship Round 1 as it happened: McIlroy (74) struggles with a misfiring game on a tough day for Irish contingent
Dublin landlord hit with largest-ever RTB fine over failure to register tenancies
Look inside: Former RTÉ presenter’s Glenageary home with French countryside-style garden for €2.25m
Garda Kelleher confirmed to prosecution barrister, Brendan Kelly BL Twomey had never come to Garda attention and no previous convictions. He had also voluntarily surrendered the legally held firearm when requested to do so by gardaí when they investigated the incident.
Defence barrister Emmet Boyle BL said his client, who farms marginal land at Dunmarklun between Lissarda and Kilmurry villages, discharged the shotgun at the back of his house but did not have the gun in his hand when he confronted the workmen at the front of the house.
“He acted very rashly but the discharging of the shotgun was aerial rather than directional,” said Mr Boyle as he pleaded for leniency, pointing out his client had never come to Garda attention in 73 years up to this incident and similarly had not come to their attention since the incident.
Judge Helen Boyle said that the men had only just started their day’s work at 8.30am when they were interrupted by Twomey and although he had fired into the air, she had no doubt that it would have been a frightening experience for them.
“In terms of gravity, there were workmen gathered in the vicinity of your house. You discharged a shotgun into the area and threatened them that if they did not leave, you would shoot them,” she told Twomey.
“The evidence was that the shotgun was not discharged at them but into the air as a warning shot - with a shotgun licence comes responsibility and on this occasion you did not behave responsibly. I have no doubt it was a frightening experience for men starting their day’s work
“I note you surrendered your firearm immediately. You got 73 years into your life without coming to garda attention and I think it is unlikely you will come to the attention of An Garda Síochána again,” said Judge Boyle as she imposed a two year sentence which she suspended in full.
