A garda who confronted an aggressive passenger of a taxi over the non payment of a fare was suddenly punched in the face twice and had his throat squeezed while being held in a tight headlock before a colleague was forced to use pepper spray and a baton to free him, the Galway District Court heard this week.
Mario Flores (31 ) with an address at Cill Chiarain, Connemara, but formerly of Castlelawn Heights, Headford Road, appeared before Judge David Anderson on Monday and pleaded guilty to obstruction of a peace officer, criminal damage, non payment of a taxi fare, being intoxicated, and threatening and abusive behaviour at Galway Garda Station on April 10, 2010. Failure to comply with Garda orders was withdrawn.
Garda Cormac McAvock gave evidence that while on duty in the public office at Galway Garda Station at 2.45am a taxi driver informed him that he had picked up a passenger who refused to pay the fare of €21.45. The taxi driver also complained that he was afraid of the defendant who had become increasingly aggressive. Garda McAvock went out to the taxi and found Flores sitting in the front passenger seat. When questioned about the fare Flores said: “I’m not paying that black bastard anything.” Flores then got out of the vehicle and threw his takeaway meal on the ground causing the curry to spray all over Garda McAvock’s uniform.
“When I asked him to pick it [the food] up he said ‘you pick it up you prick’,” said Garda McAvock who added that Flores then launched an attack punching him twice in the face before half restraining him in a headlock.
Another garda then came to Garda McAvock’s aid and had to use pepper spray on Flores. Garda McAvock said that during the struggle he was also hit by the pepper spray and that Flores was still “squeezing” his throat in the headlock forcing the second garda to use his baton.
The court then heard that Flores has 10 previous convictions which include obstruction of a peace officer for which he received a five month suspended sentence in November 2008, drink driving in June 2008, and a number of public order matters in October 2006 and January 2001.
Defence solicitor Olvia Traynor said her client has suffered from a long history of alcohol abuse but that there also have been long periods of sobriety. She said Flores, who is currently completing an art and design degree at GMIT, has moved out of the city and has been off alcohol since August.
Judge Anderson said that considering the defendant’s previous convictions there would need to be a probation report. He said he would ask the probation services to look at the possibility of community service but will would at this stage, because of the nature of the offences, indicate whether it will be an alternative to a prison sentence.
Flores was then ordered to pay compensation for the criminal damage to the garda’s shirt and also to pay €100 witness expenses for the taxi driver. The matter was adjourned to February 2, 2011.
