A Dublin man who accidentally shot dead a father-of-two after he intervened in a confrontation between two gangs was jailed for 12 years at the Central Criminal Court today.
Robert Egan shot dead Wayne Doherty in a “criminal and dangerous manslaughter,” according to Mr Justice Patrick McCarthy.
Egan (27) of Dromheath Avenue, Mulhuddart, pleaded not guilty to the murder of Mr Doherty at Oakview Way, Hartstown, on July 5th, 2009 but pleaded guilty, on the third day of the trial, to the manslaughter of the 32-year-old.
He had also pleaded guilty to the unlawful possession of a shotgun at the same address on July 4th, 2009, for which he was given a five-year sentence to run concurrently.
Suspending the final three years of the sentence, Mr Justice McCarthy said “it is clear that the original source of the confrontation was not one which the defendant was directly involved in.
“He was not a victim of assault, or abuse to give rise to anger, or respond in a violent way. He was a supporter and engaged himself in a matter which was not primarily concerning him and this is a more serious situation.
“The ante was upped as the defendant brought a loaded firearm to the scene and he said he brought it for the purpose of shooting an opposing gang member in the legs.
“It was accepted by the prosecution that the defendant did not have the intention to kill or cause serious harm to the deceased.
“Accidents don’t happen, they are caused,” said Mr Justice McCarthy.
Egan’s defence counsel requested that he not serve his sentence in Mountjoy prison due to fears for his safety.
Mr Doherty, a bread delivery man, was shot outside his parents’ home after he attempted to stop a dispute involving his friends and a group of men late on the night of July 4th, 2009.
Egan fled the scene to Belfast where he managed to get a flight to Turkey using a false passport and false birth certificate.
He contacted gardaí on May 8th, 2010 to indicate he wanted to come home to “face charges” and was met by gardaí at Dublin Airport where he was arrested and interviewed over the death of Mr Doherty.
Defence counsel Michael O’Higgins said Egan’s brother Jason had been shot seven times in the back and killed by the IRA in an incident which gardaí believe was in direct retaliation for the death of Mr Doherty.
“The defendant indirectly blames himself for the death of his brother as if he hadn’t done what he did to Mr Doherty then these events wouldn’t have happened and he has to carry the burden for this,” said Mr O’Higgins.