Thug caged over horror attack on pensioner, 71
Innocent victim hit with such force it caused brain bleed
A MAN has been jailed for 18 months after attacking a pensioner who was walking across a street.
Seamus Ward punched Charlie Toye, 71, with such force that he caused him to develop a brain bleed.
Ward, then aged 32, knocked his victim to the ground in Main Street, Milford, Co Donegal, in an unprovoked attack after he had been drinking in a nearby pub.
The pensioner suffered a black eye and cuts to his face and head and was rushed to hospital.
A witness to the attack on June 24 last year told how she heard Ward shout at Mr Toye, “You think you’re a big man now?” before attacking him.
Ward, of Drumkern, Milford, appeared at Letterkenny Circuit Court last week where he was charged with assault causing harm.
He expressed remorse and offered his victim €2,000 in compensation.
However, Judge John Aylmer said he felt the level of remorse was question
able and that it seemed the offer from the witness box was “too little too late.” He also noted that after the attack, Mr Toye complained he had been taunted by Ward who allegedly made faces from him while driving by in his car.
This was denied by the accused. A medical report on Mr Toye revealed he suffered a loss of consciousness, swelling and bruising, a black eye, cuts to the face and head and also a small bleed to the brain.
In his victim impact statement, the victim said he could not remember the attack and was in a lot of pain and confusion.
He was told he could lose the sight in his right eye and had to have two teeth removed and got headaches for six months after the attack.
The victim said he still wakes up in a pool of sweat with nightmares from the attack and even bought a dog for security.
Mr Toye, who was in court accompanied by his daughter Tara, said it was the worst experience of his life. Tragically, his brother was killed in a car accident at the exact spot where he was attacked back in the 1960s, he said.
Garda Mark Mchugh told the court Ward was arrested and he was shown CCTV of the incident.
He said he didn’t recall the incident but added he was ashamed after watching the footage.
He said he was sorry and hoped Mr Toye was OK – and it was later revealed the accused had called the local Garda station to enquire about his condition.
Barrister for Ward Peter Nolan said his client had issues with alcohol and he had been to rehab twice in the past.
He had previous convictions including one for dangerous driving causing the death of a friend in 2008 for which he had done community service but had no convictions since.
Passing sentence, Judge Aylmer said there had been mitigating circumstances in the case including that he cooperated fully with gardai and admitted responsibility.
However, the aggravating factors included that it was a vicious and unprovoked attack which had left Mr Toye seriously injured.
He said Ward was lucky that he had not found himself before a superior court on more serious charges.
Judge Aylmer placed the attack as one which merited three-and-a-half years in prison before mitigation.
With mitigation, including the guilty plea and co-operation, he reduced the sentence to two-and-a-half years. He suspended the final 12 months meaning Ward will serve for 18
months.