herald

Friday 2 December 2016

Man wielded shovel 'like a lethal weapon'

Judge's gavel.
Judge's gavel.

A MAN threatened a garda with a shovel held over his head "like a lethal weapon" when the officer responded to a report of intruders at a neighbouring house.

Noel Kinsella (41) "came at" the garda who feared he would be hit over the head while a "violent unruly crowd" gathered.

Kinsella pleaded not guilty to producing the shovel as a weapon outside his home at St Anthony's Road, Rialto, on November 18, 2013.

Judge Michael Coghlan found him guilty and adjourned sentencing at Dublin District Court.

Gda Sean Trowell said Kinsella first walked towards him and said "he would give me stripes" which he took to mean he would cut his face with a Stanley blade.

"I felt threatened by him and believed he meant what he was saying," the officer said.

He took out his pepper spray and Kinsella returned to his house, then re-emerged, shouting threats and with a shovel held in both hands over his head.

"I feared it would do significant damage if I was hit on the head with it," he said.

He told the accused to drop the shovel and again took out his pepper spray. Kinsella ran back into his house.

Kinsella maintained that while he exchanged words with the garda, he never approached him with a shovel and pepper spray was never produced.

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