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kill threats Man who claimed he was involved with well-known criminal gang jailed after he assaulted security guards

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A man who claimed he was involved with “a well-known crime group” and threatened to kill various security guards while being restrained after attacking their colleague has been jailed.

James Fagan (28) punched a security guard who had initially attempted to restrain him after responding to reports of the accused abusing passengers on a tram.

Fagan of Cushlawn Park, Tallaght, pleaded guilty at Dublin Circuit Criminal Court to assault causing harm and three counts of making threats to kill or cause serious harm at Red Cow LUAS Stop, Clondalkin, on July 28, 2019.

He has a prior conviction for assault causing harm for which he is currently serving a five-and-a-half year sentence with the final 18 months suspended.

Today judge Melanie Greally increased Fagan’s time in prison by a year after imposing a consecutive term of two years in prison to the sentence he is currently serving.

She suspended the final 12 months of that term on strict conditions including that Fagan engage with the Probation Service for 12 months upon his ultimate release from custody.

Garda Caroline Staunton told Diana Stuart BL, prosecuting, that on the morning in question, a security guard named Joe Maguire attended at the LUAS stop with a colleague after receiving a call about a man onboard a tram abusing passengers.

Gda Staunton said upon arrival at the LUAS stop, Mr Maguire saw that Fagan was shirtless and holding a tin can which he had cut into a makeshift weapon. Fagan was difficult to understand, but he could be heard saying he would “fight any man” and threatening to stab Mr Maguire.

Mr Maguire made an attempt to grab the accused's right arm and Fagan responded by punching him in the left eye socket. The victim and his colleague succeeded in restraining Fagan on the ground and called for assistance over the radio.

Stephen O'Dwyer and Brian Kirwan, both colleagues of Mr Maguire, arrived and took over restraining Fagan so that Mr Maguire could receive medical treatment. Fagan threatened to kill both men and claimed that he was involved with “a well-known crime group”, Ms Stuart told the court.

Gardaí arrived at the scene and Fagan was arrested. Gda Staunton said at one point she saw him banging his head against the rear passenger window of a garda car trying to smash it.

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The court heard that Fagan was visibly intoxicated during the incident and had taken a cocktail of ecstasy and cocaine prior to committing the offences.

Sarah-Jane O'Callaghan BL, defending, described her client as a young man who instructs “he is trying to change his ways”. She said a psychological report before the court shows her client had violent tendencies for a significant period of time.

Counsel said her client's elder brother died when he was very young and that her client has a “chronic phobia of death”. She said he was the loving father of three children and has never been aggressive towards them.

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