YOUNG MAN IS JAILED FOR ATTACKING HIS NEIGHBOUR WITH A POKER
An ‘extremely heinous crime’ was how a judge described an assault by a young man on a neighbour with a poker.
Judge Francis Comerford said that Thomas Sheerin of Mountain Drive, Ballymote inflicted a ‘nasty dangerous injury’ on his neighbour Jacek Nowak when he struck him outside his home.
At Sligo Circuit Court, the judge sentenced Sheerin to 18 months in prison, suspending the final 15 months after ruling that the matter was too serious to consider community service in lieu of a prison sentence.
The court heard that on December 2nd, 2018, Mr Nowak was at the front of his house having a cigarette with a friend when Sheerin shouted across the street at them.
Mr Nowak crossed the street to ask Sheerin what problem he had.
Sheerin pushed him to the ground and pushed him a further two to three times.
Mr Nowak’s friend came to help and pushed a friend of Sheerin’s. Sheerin then went into his house and came out with a fireside poker which Nowak could not clearly see.
He saw a movement by Sheerin and felt a bang to his head. Mr Nowak wrestled Sheerin to the ground and gardaí were called.
Gardaí arrived to the scene and saw Mr Nowak on the ground with blood coming from his head. The blood-stained poker was handed to gardaí.
CCTV from outside Mr Nowak’s house was viewed by the judge.
On January 19 th, 2019 gardaí executed a search warrant of Sheerin’s home and found a fireside set with a shovel, tongs and brush and believed the poker missing was the one used on the night. DNA taken from the poker matched the DNA of Mr Nowak.
In a garda interview Sheerin said he was attacked by his neighbour and said he did not know how it started. He said he was ‘jumped’ by two men. Asked if he struck his neighbour, Sheerin said, ‘No’.
Mr Nowak sustained a 10cm wound to his head which required seven staples.
He also dislocated his right thumb which required a cast and had cuts and grazes to his elbows and legs.
In his victim impact statement, Mr Nowak detailed he had been off work for 15 weeks following the assault, resulting in a financial loss of €7,620.
Mr Nowak has not regained full strength in his hand and gets a lot of headaches.
He said his wife is in fear since the assault and friends no longer call to their home after what took place. The couple ordered a reinforced door for their home in case of a further attack.
The Polish man said it was he and his wife’s dream to own a house and they had lived in the estate for ten years and just wanted to be left alone by Sheerin.
The court was told €5,000 by way of a token of remorse was brought to the court by Sheerin, however, Mr Nowak indicated he did not wish to accept it.
Mr Keith O’Grady, BL, instructed by Mr Tom MacSharry, solicitor, told the court his client was not working, but, along with his family had raised €5,000 to bring to the court. He detailed the Probation Report classed Sheerin at moderate risk of re-offending.
Addressing the court, Sheerin apologised and said it would not happen again and said he did not want Mr Nowak to be in fear.
Mr O’Grady said his client had consumed alcohol and other substances on the night and had invited friends to his mother’s home and they had planned on watching a Tyson Fury fight on TV.
Judge Comerford noted Sheerin had returned to his home on the night in question and returned with the metal poker with a spike at the end.
He highlighted that though no damage to Mr Nowak’s skull was sustained it was still a nasty injury which resulted in long term consequences for him.
Judge Comerford ruled that the assault came at the higher end of the Section 3 assault scale and there was a degree of premeditation.
He acknowledged money was offered to Mr Nowak and that there was prospects for rehabilitation for Sheerin.
The judge said the attack on his neighbour was too serious to impose community service and instead a sentence of 18 months in prison with the final 15 months suspended, for a period of three years, was handed down.
It was directed Sheerin be of good behaviour for the three year suspension period and to have no contact with the Nowaks.