Suspended prison sentence for Letterkenny man who bit Garda during arrest

A man who bit a Garda during a public order incident in Letterkenny has been given a two-month suspended jail sentence after a series of offences.

Martin Gildea, who has 49 previous convictions, appeared at Letterkenny District Court.

He faced a number of public order charges as well as one charge of assaulting a member of An Garda Siochana.

Solicitor Seamus Gunn, who said he has represented the 41-year-old accused man for the best part of two decades, said his client suffers from serious mental health issues.

Garda Sergeant Maurice Doyle outlined the charges against Gildea who was accompanied to court by his father.

The court was told that on August 28, 2024, Gildea was at Rosie's Bar in Drumkeen and was refused service and very aggressive and began to verbally abuse staff.

When Gardai arrived, he was arrested and taken to Letterkenny Garda Station where he was compliant.??

On December 29, 2024, at Lower Main Street in Letterkenny, Gildea was acting aggressively and making hand gestures to passers-by.

Gardai arrived and Gildea, who was drunk, failed to desist when requested to and was arrested.

On March 14 last, the accused was found drunk at the Spar Express shop at Ballyraine and was continually bumping into the security sensor at the door.

He was drunk and was arrested by Gardai and taken to Letterkenny Garda station.

Gildea, of Correnagh, Letterkenny, is also accused of assaulting a Garda by biting him and breaking the skin.

In mitigation, solicitor Seamus Gunn said there was a report before the court from psychiatrist, Dr Colin O'Donnell which went through his client's history and difficulties.

He said he had no recollection of the assault against the Garda but did apologise for it adding that he was suffering from paranoid schizophrenia.

Mr Gunn said that on the night in question he was found standing beside a field with no shoes on saying he had walked to Donegal from Sligo and that he lived in the field.

"He has times that he has difficulty in controlling himself and has a tendency to abuse alcohol to some degree," added Mr Gunn.

He added that he has the support of his parents, that his father had accompanied him to court and that he was now hopeful of getting onto a rehabilitation course.

Judge Grainne Malone said she planned to deal with the public order offences by way of a suspended sentence but would seek a probation report with a view to possisbly imposing a community service sentence for the assault of the garda.

She told Gildea that she was giving him a chance, saying she appreciated his condition and mental health issues.

But she warned that she also had to protect the public including gardai.

"He has to understand there is a balance and I have to protect the public," she told Mr Gunn.

For the public order incidents at Rosie's Bar and Lower Main Street in Letterkenny, Judge Malone imposed two month jail sentences on each to run consecutively but suspended both sentences for 18 months.

For the assault on gardai at Kincraigy, Manorcunningham on May 24th, 2023, Judge Malone adjourned the case until May 25th next.

She ordered a probation and welfare report on Gildea and said she would consider his suitability for community service on that date ordering him to remain intoxicant free.

The judge also requested a victim impact statement from the injured garda.