A DUBLIN man who brought a sawn-off shotgun to a dispute with the intention of shooting a man in the legs but who then accidentally shot dead another man has been sentenced to 12 years in jail with the last three suspended at the Central Criminal Court.
Robert Egan killed father of two Wayne Doherty in a “criminal and dangerous manslaughter”, according to Mr Justice Patrick McCarthy.
Egan (27), of Dromheath Avenue, Mulhuddart, west Dublin, had pleaded not guilty to the murder of Mr Doherty outside the Doherty family home at Oakview Way, Hartstown, west Dublin, on July 5th, 2009.
However, on the third day of his trial he pleaded guilty to the manslaughter of the 32-year-old.
Egan also pleaded guilty to the unlawful possession of a shotgun used in the attack. For that offence he was given a five-year sentence, to run concurrently.
Det Sgt Dan O’Callaghan told Paul Coffey SC, prosecuting, that a christening party had taken place at a public house in Clonee earlier on the day the shooting occurred.
Andrew Jameson, a friend of the man jailed yesterday, became involved in a row in the pub with Robert Hughes, who was a friend of the deceased, Wayne Doherty.
The row continued outside the pub, and Mr Jameson got into a car driven by Egan. Mr Jameson then threw a pint glass at Mr Hughes before being driven from the scene by Egan.
A number of phone calls were exchanged throughout the day to arrange a fight, or “straightener”, between Mr Jameson and Mr Hughes to settle the pub row.
It was decided the fight would take place at Oakview Way that night. Det Sgt O’Callaghan told the court once the time and location was organised, “each side marshalled their forces” in a bid to get supporters to back them up.
Mr Hughes arrived at the scene with his friend Eric O’Callaghan, the deceased Wayne Doherty and the deceased’s brother, David Doherty. Egan arrived in a silver Volkswagen Passat with a number of other men. He was carrying a loaded sawn-off shotgun, and the car he was in was followed by another, also full of his associates.
Egan later told gardaí he had gone to the fight with the intention of “shooting Hughes in the leg”.
When the two cars carrying the Egan party drove into Oakview Way, Wayne Doherty approached Egan’s car and shouted at him to “go home” and put the gun away.
Mr Doherty sought to wrestle the gun from Egan, and in doing so two shots were discharged accidentally. One of the shots passed over Mr Doherty’s head, while the second fatally wounded him in the side of his chest.
Mr Doherty, a bread delivery man and accomplished boxer, was rushed by ambulance to Connolly Hospital Blanchardstown, where he died six hours later.
Egan, who has previous convictions for robberies, burglaries, unlawful possession of drugs and knives and road traffic offences, fled to Belfast, where he managed to get a flight to Turkey using a false passport. He returned to Ireland in May of last year by arrangement with gardaí.
Suspending the final three years of the sentence, Mr Justice McCarthy said it was “clear that the original source of the confrontation was not one the defendant was directly involved in”.
“He was a supporter and engaged himself in a matter which was not primarily concerning him, and this is a more serious situation. The ante was upped as the defendant brought a loaded firearm to the scene.
“The deceased acted lawfully and this is not in dispute. Mr Doherty told the defendant to go home . . . I do not think it can be exaggerated that Mr Doherty’s family has suffered and continues to suffer,” he added.
Egan’s defence counsel requested he not serve his sentence in Mountjoy Prison because of fears for his safety there.