Suspended sentence for Letterkenny man who brandished wheel brace in car park row

A Letterkenny man who brandished a wheel brace during an altercation with another man in a busy car park has avoided prison.

Chad Mitchell was handed an 18-month suspended sentence when he appeared before Letterkenny Circuit Court.

Mitchell, a 29-year-old with an address at Beltany Park, Raphoe, pleaded guilty to the production of a wheel brace at Letterkenny Shopping Centre car park on November 3, 2022. The defendant was in the area as he had gone shopping with his grandmother. 

Details of the incident were outlined to Ms Fiona Crawford BL, barrister for the State, by Sergeant Maurice Doyle.

The court was told that Mitchell pleaded guilty to a charge of producing an article, namely a wheel brace, capable of inflicting serious injury during the course of a dispute. The plea was entered on a trial date and the charge is contrary to section 11 of the Firearms and Offensive Weapons Act, 1990. A charge of assault with intent to cause bodily harm was marked as taken into consideration by the court.

Gardai were alerted to an incident in the car park at Letterkenny Shopping Centre and upon arrival officers noticed a man covered in blood which was from a head injury.

Gardai located CCTV and Mitchell was observed striking the other man on the head and causing an injury following what was described as a “verbal altercation”.

A wheel brace that had traces of blood on it was located by Gardai a short time later.

The court heard that Mitchell’s grandmother outlined that she went to a shop and when she returned she saw Mitchell walking back and forth on the footpath and another man was present. She said a fight started between the two men.

Mitchell went to the boot of his grandmother’s car - which was opened in order to place in the shopping - and removed a wheel brace. 

The injured party gave no statement of complaint to Gardai and when arrested Mitchell gave interviewees that were of no evidential benefit. He told Gardai that he was attacked and someone else had a grievance against him.

The court heard that Mitchell has multiple previous convictions, including three for robbery, three for burglary, four for theft, one for criminal damage and four for failing to answer his bail.

Mitchell was represented by Mr Damien Crawford BL, instructed by solicitor Mr Patsy Gallagher.

Sergeant Doyle confirmed to Mr Crawford that Mitchell claimed that he was acting in self-defence under an assault and he was protecting himself.

The court heard that Mitchell was recovering from an injury at the time.

In an interview with the Gardai, Mitchell told investigating officers that he was “attacked for reasons not known to me” and added: “I am not a fighter or violent. The only reason I took that (the wheel brace) out was for self defence”.

Sergeant Doyle told Mr Crawford that it appears that Mitchell has “straightened himself out” and has not come to the adverse attention of the Gardai since.

Mr Crawford said that Mitchell - who he noted was on medication for anxiety and depression - has been alcohol free for eight months now. He said his client is fully prepared to comply with any referrals and requirements. 

Mr Crawford told the court that his client has a “mental wellness condition”, but added that he wants to put this matter behind him into the rearview mirror.

He asked the court to consider, in spite of a suggestion by the Probation Service that Mitchell was a high risk of reoffending, a suspended sentence.

“I don’t think that he presents an immediate risk,” Mr Crawford said, adding that he has disassociated himself from a negative peer group.

“He says he is not actually a fighter,” Mr Crawford said.

In handing down the sentence, Judge Aylmer said that the case is somewhat unusual in that an allegation of assault was made but there was no complainant in the matter.

While noting that Mitchell maintain a position that he was acting in self-defence, Judge Aylmer said that the production of a weapon can have very serious consequences. He placed the offending on the border between the lower and mid-range and merited a starting point of two years in prison.

Judge Aylmer said that Mitchell had entered a late plea of guilty, but added that he was most impressed by the reference made by Sergeant Doyle that Mitchell appears to have improved himself and has rehabilitated himself to a significant extent.

Having regard to all of the circumstances, Judge Aylmer said he would reduce the sentence to one of 18 months in prison.

Given the evidence from the sergeant of Mitchell’s behaviour, Judge Aylmer said it seemed that Mitchell was anxious for rehabilitation so the entirety of the sentence was suspended for 18 months upon the accused entering into a bond to keep the peace and be of good behaviour for 18 months.

Mitchell is to be placed under the supervision of the Probation Service for a 12-month period and was ordered to: comply with all directions; participate in offence-focussed work programmes; attend all appointments; cooperate with referrals to addiction and mental health services; engage with a training and employment officer; and comply fully with all required directions.

Mitchell was further ordered to abstain fully from alcohol and unprescribed drugs for 18 months.