Man bit Garda’s finger and then spat blood on the cut
CIRCUIT COURT HEARS GARDA HAD AN ANXIOUS WAIT OF THREE MONTHS TO SEE IF HE HAD BECOME INFECTED
A 27- year- old man bit a Garda on the finger, breaking the skin in three places before spitting blood on the wound, Sligo Circuit Court was told.
Judge Keenan Johnson said it was appalling that Gardaí were set upon in such a savage and unprovoked manner when going about their duty.
It was the second case he had to deal with at the sittings where a Garda had sustained a serious injury during the course of their duty.
The Judge added that the courts had to support the forces of law and order in circumstances such as this and a clear deterrent message had to be sent out.
The court was told Garda Colm Dolan was trying to arrest a man who as causing damage at a house at Cartron Estate when Jonathan Goodwin tried to prevent this and blocked the Garda’s way out. Goodwin, of Martin Savage Terrace admitted obstruction, assault causing harm to Garda Dolan on February 24th 2015. The defendant also admitted with having bitten the Garda, that he spat blood on the finger making him believe that he may become infected.
Ms Dara Foynes BL with State Solicitor Mr Hugh Sheridan, prosecuted outlined how Gardaí arrived at the house at 12.05am . and a man continued to commit acts of damage in front of them.
They arrested this man and put handcuffs on him but as they tried to leave the house with him, they were obstructed by Good- win at the front door.
Goodwin lashed out at Garda Dolan, striking him a number of times in the face and arms. He then bit the Garda on the right middle finger, breaking the skin in three places. He also spat at the Garda and pepper spray was deployed.
However, Goodwin continued to spit at the Gardai and this included blood. The defendant spat blood on the finger wound.
The Garda subsequently went to the Emergency Department where he was given anti- viral injections and had blood tests with the all clear not coming until three months later and this was a stressful time for him.
Sergeant Cathal Duffy told the court that Garda Dolan had opted to not make a Victim Impact Statement. He was off work for a short period after the incident and had since recovered and resumed full duties.
In advance of the Garda’s test results, Goodwin consented to giving a blood test himself and this eased the Garda’s fears.
Witness agreed that Goodwin would have had ongoing difficulties with substance abuse which had escalated to the use of heroin at its height.
He had a number of previous convictions for theft, assault and for road traffic offences.
Mr Joe Barnes BL ( defending) with Mr Gerard McGovern, solicitor, said the defendant had told him to express his remorse. He had readily complied with the request to provide the blood sample.
He was currently in prison on remand but was not able to avail of its full facilities due to threats made against him there.
Mr Barnes pleaded that there was an early plea of guilty in the case and that Goodwin had served some time in relation to the matter.
Judge Johnson said it was a serious case and the defendant took a set upon Garda Dolan in particular.
It appears that the defendant was very agitated and out of control at the time and spat blood into the Garda’s finger wound.
The Judge imposed a four year jail term suspending the final 12 months for two years on the assault causing harm charge.
Goodwin must also enter a bond to keep the peace and be of good behaviour for two years on his release and enter a probation supervision bond of 12 months.
He must also abstain from alcohol and drugs for two years. The sentence was also backdated to September 22nd.
A two year concurrent prison term was imposed on the charge relating to spitting blood on Garda Dolan while the obstruction offence was taken into consideration.