Man threatened Kilkenny gardaí with hammer as they tried to arrest him
A MAN who stole a tray of Bulmers and then threatened gardaí with a hammer when they tried to arrest him has been given a six month prison sentence.
James Carthy, 6A Quay Court, New Building Lane, Kilkenny, pleaded guilty to a number of charges before Kilkenny District Court - theft, producing an article capable of inflicting serious injury contrary to the Firearms and Offensive Weapons Act, obstruction of a peace officer and failing to appear in court.
A garda told the court that when Mr Carthy was charged with the hammer offence he replied: “I didn’t pull any hammer. I’m already done for them.”
Solicitor Chris Hogan said his client pleaded guilty to all charges.
Sergeant Morgan O’Connor said the theft occurred on May 24. Mr Carthy took a tray of Bulmers, worth €24.95, from Topaz on the Callan Road and left without paying.
He was identified on CCTV.
When gardaí went to arrest Mr Carthy, on June 9, they had to force entry to his home.
As they entered Mr Carthy picked up a hammer and held it over his head and threatened gardaí.
The court was told Mr Carthy has 75 previous convictions.
Mr Hogan said his client had asked him to apologise on his behalf to the court and the gardaí. He had apologised to gardaí on the day, the solicitor added.
It was accepted Mr Carthy picked up the hammer, Mr Hogan said. Gardaí arrived to the house at approximately 7.30am and Mr Carthy was asleep in bed. He had been out drinking the night before.
Gardaí entered the house through a window. Mr Carthy was not sure who was coming in.
Mr Hogan said this caused panic because twice in the previous month someone had kicked in Mr Carthy’s door. That was the reason the hammer was beside the bed.
When Mr Carthy woke up he handed the hammer to his wife.
‘Nuisance’
Mr Hogan said his client has a problem with alcohol, and he accepts that when he is drinking he is a nuisance to gardaí and around Kilkenny.
Mr Carthy suffers from anxiety and self medicates, Mr Hogan added. He finds prison particularly difficult.
Judge Geraldine Carthy the defendant’s previous convictions were an aggravating factor in this case, and he would be deemed a recidivist offender. She noted these offences occurred while he was on bail for other offences before the court.
Mitigation included the guilty plea and what Mr Hogan had explained about the background dispute and that Mr Carthy’s door had been kicked in previously.
Taking all the factors into account, Judge Carthy said it did reach the threshold for custody.
A sentence of six months in prison was handed down on the charge of producing a weapon, to run consecutively to a sentence Mr Carthy is already serving on a separate conviction. All other charges were taken into consideration.