A local man, who threatened to stab anyone who came near him, violently “lunged” at his girlfriend after attempting to obstruct gardai by barricading his parents’ sitting room, the Galway District Court heard this week.
Damien McElroy (29 ) formerly of 30 John Coogan Park, Newcastle, appeared before Judge Mary Fahy last Monday and pleaded guilty to obstructing Garda Thomas Doyle on August 30, 2008, at the above address. However he pleaded not guilty to assaulting his girlfriend, Geraldine Carr. The defendant’s father, Martin McElroy, withdrew a complaint of causing criminal damage to the sitting room door.
The defendant’s sister, Carol McElroy, gave evidence that she had come back to the family home after a night out with friends and told her brother that he had treated Ms Carr and his ex-girlfriend “like crap”. After Miss McElroy had gone to bed she heard arguing downstairs. When her mother was trying to get into the sitting room Miss McElroy heard her brother say, “If she doesn’t stop I am going to stab her” or anyone that came near. She then observed the defendant push Miss Carr back into the sitting room. She later accepted herself, her brother and Miss Carr had drink taken.
Garda Thomas Doyle told the court that when he arrived he was prevented from gaining entry to the sitting room because a “three piece suite was barricading the door”. When he looked through the window he could see a woman huddled in the corner and crying. When himself and Garda Fitzmaurice eventually forced entry the defendant “threw a chair” at them and “struck out a number of times”. The defendant was restrained on the ground but then “lunged” at Miss Carr and kicked her three times. Garda Doyle said that as they were handcuffing the defendant he became extremely violent and “kicked anything he could”. He added that McElroy was “frothing at the mouth” and had to be physically dragged from the house.
When defence solicitor Valerie Corcoran put it to Garda Doyle that Miss Carr had not been injured and had made no complaint, he replied: “He [the defendant] deliberately lunged at her”.
“He kicked out at all three of you. You’re bringing this complaint of assault without her consent,” said Ms Corcoran.
Garda Doyle told her that he “did witness an assault on her”.
Ms Corcoran explained how the defendant had been in custody since the day after the incident and has not made an application for bail. She said he really apologises to his family and there is now an order for him to stay away from the house.
Addressing Judge Fahy, the defendant said: “I never raised a hand to anyone in my life, especially the girl I love. I kicked out, broke my father’s door, kicked her by mistake”. He said that he is trained as a block layer but had difficulty finding a job for the past 18 months.
“He’s on medication for depression, this doesn’t mix well with alcohol. The safest thing to do is to monitor this man’s behaviour” said Judge Fahy before warning McElroy not to go near the family home or he will face prison. The defendant was then remanded on his own bail of €200 to appear again on November 5 for a Garda Behaviour report. A condition of the bail was that he sign on at Galway Garda Station every Friday between 9am and 9pm.
