Longford Circuit Court Judge Kenneth Connolly
A young man who engaged in a violent altercation on a Summer Sunday evening in the centre of town was sentenced to 14 months in prison at Longford Circuit Court.
David Nevin (19) of 8 Camlin Meadow, Farneyhoogan Longford pleaded guilty to six charges relating to the incidence of violent disorder on May 1, 2022. The charges were that Nevin produced a hammer and a poker in the course of a dispute, assault, assault causing harm and two counts of violent disorder.
Garda Anthony Scanlon presented evidence to the court regarding the altercation at the centre of the case. He explained that the accused was charged with assaulting two men at Tesco Car Park, Longford Shopping Centre.
Other men involved in the incident have been indicted in respect of the matter, and cannot be named in reports of David Nevin's court proceedings.
Garda Scanlon compiled CCTV footage from the area as part of the prosecution's case. The footage commenced with two men walking on the footpath on Rue Noyal Chatillon. The men appear to get into a verbal dispute with David Nevin. Nevin, and a group of three others, were seen on video “exchanging verbals” with each other.
The defendant was seen reaching his hand into his trousers, Garda Scanlon suggested “as if to produce an article”. Another person intervenes and takes Nevin away. The two men involved in the fight with the defendant are seen going to the front door of the Longford Shopping Centre where they speak to the security guard.
The CCTV then shows the two men going in the direction David Nevin left. The two men are then shown being pursued by David Nevin and three others. Outside the Shopping Centre one of them grabs a newspaper cage and pushes it toward the defendant.
Nevin has a hammer in his hand and wields it in a threatening manner. The two groups get into a violent exchange. In the course of this Nevin lets the hammer fall and picks up a poker dropped by another member of his group. He lashes out, hitting one of the men, causing him to stagger back. The video then shows Nevin in a fist fight with another man.
Garda Scanlon said the entire exchange lasted about 10 minutes and took place on a Bank Holiday Sunday in front of members of the public. The injured party hit by the poker attended Midoc and received stitches to the head. The man, who will come before the court for violent disorder and affray charges, did not make a victim impact statement.
David Nevin was arrested the following day and made a statement about his involvement. He said of the assault with the poker: “I tried to hit him, but I don't know if I did.”
The court was told the defendant was on High Court bail for a previous violent disorder prosecution at the time of the incident. He has been in custody since May 3.
Judge Kenneth Connolly said it was clear the defendant has anger management issues and needs to learn to control his temperance. The court was told Nevin has nine convictions as an adult.
Barrister for the defendant, Kieran Collins BL, said the incident arose from a dispute between “two rival gangs”. The incident happened at a time of a “spike in offending behaviour” between April and June of 2021.
“All parties know each other,” Mr Collins told the judge, “There was a falling out between groups. This was a spill over of this.”
The barrister said the “Edgeworthstown crew” allegedly called to his client's mother's home. Mr Collins said Nevin is “quite protective of his mother”.
Counsel said: “Mr Nevin does not want to be like this. If his behaviour continues like this he will be a danger to himself.”
Mr Collins asked for a structure to his client's sentence to assist Nevin “in the path he wishes to take”. The barrister asked the judge to consider the manner Nevin met offence, his background and personal circumstance, and his expression of remorse.
Nevin's legal representative pointed out his client has addiction issues and was “diagnosed with certain conditions”.
In summing up Judge Connolly stated: “This is a particularly young man. It's disappointing that a young man with talent and educations not in employment, but running around he streets getting involved in gang culture.”
The judge said the CCTV is “a horrible affront to law abiding citizens”, adding “Mr Nevin has no appreciation of the fright this would cause to the general public, let alone the victim. It's difficult to understand the rationale, it's utterly unacceptable.”
The judge noted that alcohol and drugs give a context, but not an excuse for the behaviour: “I will not accept it in this court area, or any other area of the State,” Judge Connolly said, “You made a choice to engage in this type of behaviour and it will not be tolerated.”
The judge said anyone engaging in this type of behaviour must realise there are “consequences when the axe falls”.
Noting the headline sentence is two and half years, and the defendant was “caught red handed on CCTV” Judge Connolly said the appropriate sentence is 14 months in prison for violent disorder. The judge ordered the sentence commence on the expiration of the sentence Nevin is currently serving, but that he is given credit for the 194 days already served.
The judge directed a full psychiatric assessment be undertaken while the defendant is in custody and Nevin be assessed for residential treatment with a view to attending such a treatment programme when released from prison.
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