TWO MEN involved in a street robbery which led to the death of a young Leitrim man have been jailed for two and seven years respectively at Dublin Circuit Criminal Court.
Liam McGowan, (22) Kinlough, Co Leitrim, died after striking his head on the ground from a single punch during the incident in Dublin on August 20th, 2006.
The attack occurred shortly after he had moved to the capital where he was working for an insurance company.
Michael Carroll (22), Lower Dominick Street, Dublin, pleaded guilty to the unlawful killing of Mr McGowan. Anthony Carroll (25), St Attracta Road, Cabra, pleaded guilty to robbing Mr McGowan on the same date.
Judge Katherine Delahunt sentenced Michael Carroll to seven years and noted that he made the decision to carry out the robbery and struck the fatal blow. She also commented that he failed to call for help before leaving the scene.
She sentenced Anthony Carroll to two years and said he had a less significant role and was seeking to address his drug taking.
Fergal Foley, prosecuting, said there had been an intention by the Carrolls, who were not related, to rob Mr McGowan on the night after they struck up a conversation with him in a pub and that Michael Carroll was prepared to use a “low level” of force if necessary. He said Anthony Carroll knew of Michael Carroll’s intention to rob Mr McGowan but that there was no intention by either of the Carrolls to kill or cause serious harm to Mr McGowan.
Mr Foley stressed this was not a case of murder but of manslaughter where Mr McGowan died from injuries he received after striking his head on the ground following a single punch from Michael Carroll.
A victim impact statement prepared on behalf of the McGowan family described a young man starting a new life and successful career in Dublin where he was a popular employee of insurance company Eagle Star.
Mr McGowan was described as a “a loving son, brother and friend”. The family said nothing could have prepared them for “the pain and heartbreak” they suffered since 2006. They said the brain injury inflicted on Mr McGowan “robbed him of his personality” for the three weeks he spent on a life-support machine but said “we know he is in a better place now where no one can hurt him”.
Garda Martin McInerney told Mr Foley that Michael Carroll had no previous convictions while Anthony Carroll has seven minor convictions for road traffic and public order offences. Michael Carroll told his defence counsel, Paul McDermott, that he was “deeply sorry” for his actions and the grief he had caused.
Garda Martin McInerney told Mr Foley that Mr McGowan was socialising on the night with a group of friends and had consumed a significant amount of alcohol. Mr McGowan left the pub and headed towards his flat at Mountjoy Square, but he entered another pub and fell into conversation with the Carrolls.
Garda McInerney said Anthony Carroll was taking cocaine in the pub and the conversation turned to the drug. Mr McGowan, who had no experience of drug-taking, and the two Carrolls came to an arrangement that Mr McGowan would withdraw some money and Anthony Carroll would buy some cocaine. The trio walked towards Hardwicke Street where the drug transaction took place but instead of handing the drug to Mr McGowan, Anthony Carroll instead handed it to Michael Carroll.
Mr McGowan “may have” remonstrated with him before Michael Carroll struck him once in the face with his fist. Mr McGowan was found on the ground and brought to hospital where he died on September 12th, 2006.
Mr McDermott said the intention to rob Mr McGowan was “somewhat mean minded” but his client did not use a weapon and he was shocked and remorseful for what he had done.
Aileen Donnelly SC, defending Anthony Carroll, said he wished to express his remorse to the McGowan family.