A Dublin Circuit Court judge yesterday warned that assaults involving kicks to the head were becoming an increasingly common feature of cases before the courts. Anyone inflicting this type of an assault must be aware of the risks of serious injuries and death which this posed, he added.
Sentencing Stephen Kearney (20), Coultry Drive, Ballymun, to nine years for unlawfully killing Francis Gallagher (18) at Coultry Road on October 25th, 2004, Judge Michael White said that while the defendant's guilty plea and his expression of remorse were mitigating factors he had to consider the aggravating circumstances.
These included the intensity of the attack, which featured repeated kicks to the victim's head as "he lay in a defenceless position, his face had been stamped on, the accused was on bail at the time".
He also noted what he described as the "devastating effects" the killing had on the victim's family.
Mr Gallagher died within hours of meeting Kearney at a house party.
"I take a particularly serious view of kicks to the head. It is particularly being seen more frequently before the courts," Judge White said. "Anyone inflicting kicks to the head must be aware that there is a risk of serious injuries or death."
Kearney also pleaded guilty to making a threat to kill Garda Michael Ryan, in Hughes's Pub in Chancery Street, Dublin, on September 16th, 2004, contrary to section 5 of the Non Fatal Offences Against the Persons Act.
Judge White imposed a one-year sentence for the threat to kill charge and for the unlawful killing of Francis Gallagher he gave Kearney a nine-year consecutive sentence, with the final two years suspended on condition that he entered into a probation bond.
Det Sgt Matt Murphy told Sean Gillane BL, prosecuting, that the victim never regained consciousness after the assault on him and died on October 27th, 2004.
A postmortem examination concluded that he died due to trauma to the head. He had extensive head injuries, including bruising and swelling to his brain, bruises and cuts to his face and a fractured cheek bone. His skull was intact and there was no evidence of a weapon having been used.
Emergency services which arrived at the scene said the victim was disfigured and so covered in blood that they could not determine the colour of his skin. Kearney, who travelled in the ambulance with Mr Gallagher was very distressed in the Mater hospital and was later arrested under the Public Order Act.
Kearney told gardaí that he had left the house party with Mr Gallagher after the girl who lived there asked them to go and get her boyfriend who lived in Santry.
He said when they got to the flats complex, Mr Gallagher became anxious because he thought it was a "set-up" and while he went upstairs to one of the flats, Mr Gallagher stayed behind. He said he came down to find the man lying on the ground and with distressed breathing as if he were choking on his own blood.
Some days later he returned to the Garda station where he admitted to beating Mr Gallagher. He said Mr Gallagher lunged at him with a knife after he became "paranoid about a set-up".
Kearney said he punched him in the face and burst his nose, which sent him to the ground. He said when Mr Gallagher tried to get up he kicked him six times in the head. He was then breathing very badly and he ran away but then he thought "this is my friend" so he came back, picked him up and called an ambulance.
Det Sgt Murphy said Kearney showed gardaí a cut below his chin where he said the knife struck him and told them he did not know where the knife was now.
He admitted to stamping on his victim's head and kicking him in the sides and the ribs. He later told his mother in the Garda station that he had kicked the man too many times.
Witnesses who came across them on Coultry Road said Kearney asked them for their phone and told them to call an ambulance.
They overheard him say to the man lying on the ground: "Please don't die. If you die I will never forgive myself."