33-year-old avoids jail sentence after beating up man who desecrated his brother’s grave
A 33-year-old who beat up and hospitalised a man who had desecrated his brother’s grave has avoided jail.
Darren Kyle of Hillview Drive, Ballymote, appeared at Sligo Circuit Court for sentencing having already issued a guilty plea to an assault on John Drury on April 17, 2021.
Kyle and Drury had arranged to meet up at 11pm at Townpark, Ballymote when he – and another male – set about Drury who ended up with a fractured leg, broken ribs and facial injuries with the court being told that his life may have been at risk had the assault been prolonged.
Prosecuting barrister, Leo Mulrooney, told the court that Drury had been in a relationship with a woman who had previously been together with Kyle’s brother Gerard and had a child together – who is Kyle’s nephew.
Mr Drury and the woman did not part on the best of terms with a number of orders placed on the aforementioned Mr Drury which led to him desecrating Gerard Kyle’s grave.
On the night in question, Drury texted Kyle with regards to a bicycle that he had loaned him.
The response from Kyle was that he’d broken the bike in two and that Drury was not to text him again.
Drury replied saying he was sorry for desecrating Gerard’s grave as it was a “sacrilegious” thing to do.
A brief phonecall took place with the two men arranging to meet at the park. Upon Drury’s arrival, he saw Kyle accompanied by another male with the pair proceeding to attack him.
Drury was punched, kicked and stamped upon to the point of suffering a concussion.
The savage beating only ceased due to a passer-by intervening and calling for an ambulance. Drury was taken to Sligo University Hospital.
When questioned by the Gardaí, Drury told them that this attack by Kyle was in revenge for what he had done to his brother’s grave.
Defence barrister, Joe Barnes, told the Court that his client had €5,000 for Drury. He added that Kyle had been working in a meat factory in Ballina and had not come to the attention of the Gardaí since the attack and that he had been very close to his deceased brother.
The defendant himself then took to the stand and read out a letter he had written to Drury.
He said: “I’m truly sorry and I hope that one day you can forgive me for my actions” before adding that his assault upon Drury had been “inexcusable”.
It was disclosed to the Court that Kyle had a previous conviction for assault and another for affray with the latter resulting in a bond being placed on him to keep the peace for a year – which was not kept given the assault on Drury took place within that timespan.
In sentencing, Judge Kenneth Connolly said: “There is an unfortunate and disagreeable context to this matter. Mr Drury desecrating the grave of Gerard Kyle was a despicable act and difficult to understand it at all.
“That being said, I’m here to judge the defendant. This was a violent assault that resulted in significant injury to Mr Drury. I’ve no hesitation in setting a headline sentence.
“The defendant is not deserving of a suspended sentence given that he has had this type of deferred punishment in the past. However, due to the extreme circumstances, I’m very much going against my better judgement.
“I sentence Mr Kyle to two years and six months in custody to be suspended for a period of four years.
“However, I warn the defendant that if he breaks that period of suspension, I will have no hesitation in sending him to prison.”
As well as the suspended sentence, Kyle had an 18-month probation order placed on him while the €5,000 he had brought to Court will be divided between Mr Drury (€2,000) and the trustees of Ballymote Cemetary (€3,000).