Judge suspends shooting sentence over peace pact
Timmy Casey, aged 20, of Clonlong Halting Site, Old Cork Road, admitted having a firearm and ammunition with intent to endanger life and to a charge of assault causing harm.
Judge Carroll Moran said he was suspending a four-year jail sentence as “peace had broken out” between the Caseys and another Traveller family, locked in a feud.
Garda Adrian Whelan, Roxboro Road station, said on October 8, 2005, Francis Kelly opened the door of his home at Yeats Avenue to be confronted by two men.
One opened fire using the pump-action shotgun. Five shots were discharged before the gun jammed.
Mr Kelly managed to grab the gun. A struggle ensued during which he managed to pull off a scarf covering the gunman’s face.
He recognised the gunman as Timmy ‘Curly Tim’ Casey who he knew for about three years. A piece of hair found in a woollen hat discovered at the scene belonged to Casey, a DNA examination revealed.
In reply to John Edwards SC for the defence, Garda Whelan agreed there had been a very public peace between the Casey and Kelly families since the shooting.
Mr Edwards said Casey had no previous convictions and what had happened occurred in the context of a feud between two families.
It was a very serious one-off incident and his client did not represent a risk to society.
Judge Moran said that, but for the grace of God, somebody could have been killed or seriously wounded. “This really amounted to attempted murder and fortunately it was frustrated. It is intolerable that this should happen, whatever about the circumstances.”
The judge said he would take into account the fact that Casey had no previous convictions and pleaded guilty. This was an acknowledgement by the defendant that he had done wrong, said the judge.
It would appear to any sensible person, he said, that an immediate prison sentence was warranted. “The offence had occurred during a feud between two families who had now made a very public peace and there had been no trouble since and a sentence could break this peace,” he added.
The judge imposed a four year suspended sentence and bound Casey to the peace.
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