Jail for man caught red handed in haphazard escape from Kilkenny farm burglary

A judge has praised a father and son who bravely tackled five men who were ‘caught red handed’ trying to burgle their farm yard.

A Kilkenny man has been jailed for his part in the farm burglary and the assault of one of the men who happened on the crime in progress.

Edward Carthy, 27 Rioch Street, Kilkenny, pleaded guilty to burglary and assault causing harm at Ossory Hill, Johnswell on November 19, and appeared before Kilkenny Circuit Court for sentencing.

Events unfolded on the evening on November 19 last, when Mr John Armitage junior took a break from working in the farmyard to have a cup of tea with his father, John Armitage senior, at his nearby home. He locked up the farmyard before he left, around 7pm, and 15/20 minutes later both men returned.

They saw a silver VW Passat parked at the farm gate with its lights off. There were no lights on in the farm shed but the lights of the farmers’ jeep shone into it. Then they saw five men jumping over the gate and run to the car. They did not have permission to be in the farmyard.

The group of men attempted to escape in a ‘haphazard’ way by ‘bundling themselves’ into the car. Mr Armitage senior and junior ran after the five men. They tried to hold some of them, but couldn’t.

The car took off but drove off the road and crashed. The group of men abandoned the car and the Armitages gave chase. There was a scuffle. Mr Armitage senior tried to get hold of one of the men, but he got away. Mr Armitage junior did get hold of one of the men, Mr Carthy. He said he was the one who had been driving the car.

As Mr Carthy was trying to get out of the car, through the window, he punched Mr Armitage junior into the chest ‘five or ten times.’

Mr Armitage junior held Mr Carthy until the gardaí arrived.

A number of items were found at the yard gate, from inside the farm yard. The court also heard that the tap on a diesel tank was turned on in the farmyard and containers left around.

Mr Armitage junior attended St Luke’s hospital. His left ribs and abdomen were tender but an x-ray showed no breaks. He was also admitted to hospital for a CT scan. He was given pain relief.

Mr Carthy was arrested and taken to Kilkenny Garda Station where he was interviewed four times. He did answer some personal questions but the interviews were largely ‘no comment.’

Judge Cormac Quinn heard Mr Carthy had 12 previous convictions, including two for entering a premises with intent to commit an offence and one charge of burglary.

Victim Impact

Mr Armitage senior and Mr Armitage junior made victim impact statements.

Mr Armitage senior said he attended hospital as he hit his head and hurt his hand. He has since installed CCTV security on his farm because he is anxious to ensure the property is safe. His wife is worried something like this will happen again and is nervous to be on her own. Mr Armitage added that their grandchildren are reluctant to stay with them now.

Mr Armitage junior said he spent almost 24 hours in hospital and was badly bruised. He couldn’t work for five or six weeks. He said it was a very worrying time because a threat to ‘get him’ had been repeated a number of times.

He, too, has installed a home alarm. His young son was not sleeping after this event and his wife is worried the men will come back.

Both men had financial costs for security and medical care.

Gerard Downey BL, for Mr Carthy, said his client had never been before the circuit court before, and he has been in custody since this incident occurred on November 19.

Mr Carthy lives with his wife and four children, the barrister said. Mr Downey said Mr Armitage junior had been kicked in the ribs by another man in the car.

The Carthy family was offering €500 in compensation to Mr Armitage junior, Mr Downey said, and his client had at no stage sought to contest the matter.

Mr Carthy wrote a letter of apology that was handed in to court. An emotional Mr Carthy reiterated that apology in the witness box. He said he was very, very sorry and that he missed his wife and children.

Mr Downey said his client had learned his lesson. He said Mr Carthy didn’t go out to assault Mr Armitage but had owned up to it.

He has undertaken training courses and was taking steps to get work before he went into prison.

Sentencing

Sentencing Mr Carthy, Judge Quinn said aggravating factors were the burglary taking place in the workplace of the Armitages and the confrontation. Also the effects on the victims. In mitigation he considered the defendant’s personal circumstances, the offer of compensation, the genuine remorse expressed and early guilty plea, although the value of the plea was lessened by being ‘caught red handed.’

On the charge of burglary Mr Carthy was sentenced to three years in prison with the final 18 months suspended for three years.

18 months imprisonment, to be served concurrently, was imposed on the assault charge. The sentence was back dated to the day Mr Carthy was imprisoned in November.