Man assaulted garda in drunken rage after son attacked men in Dublin city
A man who assaulted a garda in a drunken attack out of misguided loyalty to his son has been jailed for three years at Dublin Circuit Criminal Court.
Garda Kieran Byrne was struggling to stay conscious and losing vision and strength during the sustained attack by Patrick Davis Snr (51). He suffered a fracture to his eye socket as a result of the assault.
Patrick Davis Snr of Marrowbone Lane flats, Dublin city pleaded guilty to two charges of assault causing harm to Gda Byrne and to Brian Dunphy at Thomas Street, Dublin 8 on February 9, 2014.
The attack on the garda took place after he came upon the earlier unprovoked attack by the accused and his son on Mr Dunphy and his two brothers. Last November, Judge Martin Nolan imposed a suspended sentence of two and a half years on Patrick Davis Jnr (31).
Patrick Davis Jnr
Today, Judge Patrick McCartan said that Patrick Davis Snr had used considerable and determined violence on Gda Byrne. During the attack someone shouted "garda scum".
The accused struck the victim repeatedly in the face and head with his closed fist. He continued to punch him as the garda fell down on one knee and tried to reach for his incapacitation spray to fend off the three men assaulting him.
After the garda fell a third, unidentified, man kicked him in the chest and punched him to the side of his head. Davis Snr continued to punch him and Gda Byrne said he was losing vision and feared he would lose consciousness.
Gda Byrne used his spray a number of times but the assaults continued. When support gardai arrived, the Davis men tried to get away by jumping into a taxi but Gda Byrne stood in front of the taxi and told the driver not to drive away.
The court heard Gda Byrne was in great pain at this point, especially around his eyes. A CT scan later showed his eye socket had been fractured during the attack.
Davis Snr has 14 previous convictions including convictions for assault on a garda in 1988, car-jacking in 1993 and for harassment in 2005.
Emmet Nolan BL, defending, said that his client's son had started the attack on the Dunphy brothers and that his client became involved out of misguided loyalty to his son.
He said his attack on Gda Byrne came out of this same misguided loyalty and in a haze of drunkenness that clouded his judgement. He said Mr Davis Snr deeply regretted his actions and had come to court with a "meagre" offer of €600 in compensation.
The court heard that Des Dunphy had spent the day at a Christian celebration with a large group of extended family and friends. The group had gone to The Clock pub on Thomas Street.
When Mr Dunphy and his two brothers were leaving the pub later that evening, they met the three men. Davis Jnr was aggressive and starting shouting and threatening them.
Davis Jnr was described as acting like a wild animal and was "out of control". The Dunphys walked away and on to a nearby chipper, Sergeant James O'Brien testified.
Davis Jnr followed them there and said he would fight any of them and that he was going to kill them. Mr Dunphy was frightened and called the gardai.
He only left the chipper when he believed the men had gone away. When he left, Davis Jnr hit him a hard blow to the face, dazed him and causing him to stumble. He then saw his brother, Brian Dunphy, on the ground.
Gda Byrne was on patrol when he saw the attack and he witnessed Davis Snr punch Mr Dunphy. Judge McCartan noted that this punch floored the victim.
Davis Jnr was shouting and still acting extremely aggressively and the garda placed himself between the two groups of men in order to prevent another assault. Throughout the assault Garda Byrne identified himself repeatedly as a garda.