Man jailed for four years for brother's death

A Waterford man was sentenced to four years in prison for killing his brother on New Year’s Day in 2003, at the Central Criminal Court today.

Keith Doyle (aged 34), of Ballybeg Park, Waterford, had pleaded not guilty to murdering his younger brother, Gary Doyle (aged 28), of Priory Lawn, Waterford, on January 1, 2003.

The single father-of-one died from stab wounds at Waterford Hospital on New Year’s morning, after fighting with the accused near their homes.

Mr Justice Paul Carney sentenced the accused to four years in prison, starting today.

“The relationship between the brothers involved a situation where four years previous to the events, Gary had put out Keith’s eye,” Justice Carney said.

The court heard that the two brothers had reconciled since and had even started a valet parking business together.

During the six-day trial, the court heard that both brothers began drinking beer with friends in a local pub around teatime on New Year’s Eve. They each drank about seven or eight pints before moving on to pints of vodka mix.

A number of witnesses said there had been a good atmosphere in the pub that night and that the brothers had been close. One friend, Mary Boland, said: "Gary and Keith had their arms around each other when I left".

The group left the pub around 2am and began to walk home. An argument developed between the Doyle brothers and insults were thrown. Keith Doyle went into his house with two friends.

Gary Doyle banged on his brother’s door, asking him to come out so he could knock out his other eye.

"He was calling me a one-eyed bastard, that this fella and that fella was riding my girlfriend," Mr Doyle told gardaí later that day.

The accused came out with a baseball bat and a fight took place. The deceased left and Keith Doyle returned to his house, emerging again moments later. He got into his car, took off at speed and followed his brother down Ballybeg Drive.

When he caught up with his brother, they fought again and Gary Doyle was stabbed a number of times. One of the wounds was to the jugular and fatal.

Gary Doyle bled profusely and was taken to hospital, where he died of blood loss. Keith Doyle returned to his car, drove home and changed his clothes. The deceased’s blood was found on these clothes during DNA testing.

Later that morning, when Mr Doyle’s girlfriend told him of his younger sibling’s death, he shouted: "What am I after doing?" When gardaí came to his home, he told them: "I stabbed him in the neck with something and went home".

He said he was always fighting with his brother and agreed it had a lot to do with Gary "glassing" him in the eye. However, he said he would not call it revenge. "I wouldn’t hurt my brother. I got into a fit of blind rage."

Defence counsel Mr John O’Kelly SC said he had never seen a case with stronger evidence of provocation. His client was being taunted with blinding by the very person who had taken out one of his eyes. "Who wouldn’t have snapped?" he asked.

The jury of seven women and five men, after four hours of deliberation, reached a majority verdict of 10 to two that Mr Doyle was not guilty of murder, but guilty of manslaughter.

At the sentencing, Keith and Gary’s mother, Ms Lucy Doyle, told the court how her son’s killing has affected the family.

“Well, it’s been devastating to all of us,” she said. “Keith is going through hell. I’ve already lost one son, I don’t want to lose another,” Ms Doyle said.

She said Keith has “complete remorse” for killing Gary.

“He spends his days in bed and he spends his nights at the graveyard,” she said.

Keith goes to his brother’s grave around 11pm or midnight and stays there until 4am, the court heard.

“To me, he has given himself a sentence. I’d be devastated if he goes to prison,” Ms Doyle said.

Mr Justice Carney told the court: “The easy approach would be to go along with the plea made by the family, that would be the very easy and soft approach.”

“I have to take into account the fact that the accused man went and equipped himself with a knife,” Mr Justice Carney added.

He also considered Keith Doyle’s extensive criminal record, which includes convictions for malicious damage, larceny, burglary, drugs and firearms offences. Keith’s last conviction was in 2001.

“I view him as a continuing danger to the public,” Mr Justice Carney said.

Mitigating factors in the sentencing included the level of provocation, remorse shown by the accused and good behaviour since the incident.

“I impose a sentence of four years in prison from today,” Mr Justice Carney said.

Ms Lucy Doyle left the court crying after the sentencing.

Mr Justice Carney refused leave to appeal the sentence.