Gun jamming saved my life, man tells court

A man has told a Central Criminal Court jury that his brother-in-law put a gun to his head and pulled the trigger twice as he lay in bed with his wife and two-week-old baby.

The court heard that Patrick Collins would have been killed had the weapon not jammed.

Charlie Darcy (aged 20), of Crumlin Park, Crumlin, Dublin 12, has pleaded not guilty to attempting to murder his sister’s husband at an address at Cooley Park, Drimnagh on August 31, 2008.

Mr Darcy also denies burglary and aggravated burglary in that he entered the house as a trespasser with the intent to commit murder and had a firearm in his possession.

Mr Collins told John Aylmer SC, prosecuting, that he had gone to bed with his wife, Linda Collins – the accused man’s sister, and their two-week-old baby at around midnight.

He said he was asleep when he heard a bang outside. He looked out the window and saw a man in his garden. He said he lifted the phone to ring the gardaí when two men burst into his bedroom.

Mr Collins testified that one man grabbed him, put a hand on one side of his head, placed a gun to the other side and said: “you’re dead”. Mr Collins said “the trigger went and then it went again I said: 'I’m not dead'.” He described the weapon as being a “miniature-type AK47”.

He said that by that stage there were three intruders in his bedroom. He said he knew that it was Charlie Darcy who put the gun to his head as he was his brother-in-law and he knew his face. He said the accused was wearing a scarf over his face but it had fallen down to his chin and Mr Collins could see that it was his wife’s brother.

Mr Collins said he jumped up, “I don’t know where I got the strength from”, and pushed the three men back. He said he did not know who the other two men were.

He said he jumped down the stairs, ran out of his house in his boxer shorts and hid in a neighbour’s garden until gardaí arrived.

Mr Collins said that as he tried to get out of his front door one of the men followed him but Mr Collins was able to hit him with the door. Mr Collins said he heard one man saying: “I’m shot, help me”.

He said he was confronted by another man in his garden as he left his house but was able to dodge him and jump over his gate. Mr Collins ran down the street and asked a lady to let him into her house but she told him to wait a minute so he hid in a garden. He said he heard his wife shouting and then the gardaí arrived.

Mr Collins told Mr Aylmer that he was 100% sure that the man who put the gun to his head was Charlie Darcy.

Under cross examination by Michael O’Higgins SC, defending, Mr Collins agreed that Mr Darcy had been away from his family, home and area for three and a half years before the alleged incident.

Mr Collins agreed that he had last known Mr Darcy as a 14 year-old but told the court that he had seen his brother-in-law five days before the alleged offence.

Mr O’Higgins said: “you’re not a truthful witness I suggest to you” and said that Mr Collins had not included the detail about the accused putting one hand to side of Mr Collins' head and the gun at the other in his statement to gardaí.

Mr Collins agreed that he had a previous conviction for assault for which he was sentenced to two years but served nine months. Mr O’Higgins said there was ongoing friction between families and that Mr Collins would be quick to point the finger of blame at the Darcys.

“I suggest to you that you did not see Charlie Darcy there, you assumed this was more of an ongoing row”.

A neighbour, Louise Mitchell, told the court that she saw three people in Mr Collins’ front door trying but failing to break the glass. She said one man opened a front window and climbed into the house with a gun as the other two waited outside.

Ms Mitchell said that a couple of minutes later the front door opened and Mr Collins ran out of the house in his boxer shorts. She said the two men in the garden tackled Mr Collins but he fell out on to the street and ran. She said the third man limped out of the house and was helped by the others.

The trial continues before Mr Justice Paul Carney and a jury of six men and six women.