A relapsed drug addict who threatened and assaulted a Chinese restaurant owner causing the man to sell his business has been given a four year sentence at Dublin Circuit Criminal Court.
Daniel McCarthy (25), of Spencer Dock, North Wall, told the victim he would burn down his restaurant and his house, punched him in the eye and called him "a Chinese c***" after he was asked to leave the premises on Sherrif Street.
He pleaded guilty to assaulting the man at Sherriff Street and criminal damage to his car on January 15, 2007. He had 24 previous convictions.
Garda Sarah Ormonde told prosecuting counsel, Mr Paul Carroll BL, that McCarthy threatened the victim’s life after he saw a garda squad car pass by. He then smashed the window of the man’s car causing €700 of damage.
Judge Katherine Delahunt said the night had very serious consequences for the victim. He has since sold his business, moved from the area and has been left traumatised and in fear since the attack.
She suspended the last 18 months of the sentence having taken into account McCarthy’s co-operation with the subsequent garda operation and the fact that he has previously dealt with his drug and alcohol addiction.
Gda Ormonde said McCarthy was ‘hanging out’ in the Chinese restaurant at closing time with a group of young people when the man approached him and asked them to leave.
McCarthy became aggressive and struck the victim who managed to push him outside. However, he returned and made his threats as well as smashing the car window.
Gda Ormonde said McCarthy admitted threatening to shoot the man but said he had been on drugs and asked "where would I get a gun?"
Defence counsel, Mr John Fitzgerald BL, said McCarthy had been a "promising student" before he developed an addiction to sleeping tablets in his teens and soon moved on to using heroin.
He said McCarthy met a girlfriend when he was 22 who required him to go "cold turkey" and he then began working as an IT technician. However he relapsed into addiction when the relationship broke up and he met an old drug using acquaintance at an ATM at Merchants Quay.
Mr Fitzgerald said McCarthy had been using drink and drugs on the night of this offence but had expressed remorse for his actions and was now drug free again.