Man used homophobic slur after punching dog-walker in Cork
The accused was told he must pay his victim a further €1,500 in compensation within the next 12 months. Picture David Creedon / Anzenberger
A man who used a homophobic slur after repeatedly punching a dog walker in the head in an unprovoked attack in Cork has narrowly avoided jail.
Adam Nastalcyk “may have homophobic issues to deal with” Judge Colm Roberts said in Midelton District Court.
Nastalcyk, age 38, of 2 Glendarra Lawn, Watergrasshil, Co Cork, punched a man in the head and called him and his partner ‘faggots’.
The injured party and his partner had been walking their dogs when Nastalcyk’s little Pomeranian dog approached the victim’s Golden Retriever “in an aggressive manner” at Maple Close, Castlelake, Carrigtwohill on August 13, 2022 at 7.30pm.
The injured party ‘shooed off the Pomeranian with his foot’ and walked off.
Nastalcyk’s son then approached the victim and accused him of kicking his dog, according to evidence presented in court.
The man reportedly tried to explain what happened but Nastalcyk then punched the man multiple times in the head, knocking off his glasses and causing his mouth to bleed. He then called the men ‘faggots’.
The injured man suffered bleeding and swelling to his lip.
The offensive slur “aggravated the assault” Judge Roberts said.
On August 28, Nastalcyk was arrested and taken to Cobh Garda Station. He admitted hitting the injured party “once or twice” and was charged with assault.
Judge Roberts noted that the assault had been unprovoked and serious.
Solicitor for the defendant, Don Ryan, presented the court with a letter of apology from Nastalcyk and said that he had been in jail since last Thursday when the case was first heard.
“He lives in Watergrasshill and the injured party lives in Carrigtwohill — they will have no interaction ever again.
“He is extremely contrite about what happened. He spent seven days in Cork Prison, a man who was never in prison before, as far as I’m aware, he has no previous convictions.
“He is married and has one son.
“He told me this morning that his job may now be at risk.”
Judge Roberts said: “I think he’s beginning to realise the seriousness of it.”
Nastalcyk had given €1,000 in compensation to the victim but Mr Ryan said that his client could offer no further compensation.
“This in no way reflects how he views the matter, he takes it very seriously.
“He earns €406 gross per week. He has a house, a mortgage of over €1,000 per month to pay. He does not have a sum of money to put on top of the €1,000.”
Judge Roberts gave him a six month sentence, suspended for two years.
Nastalcyk was ordered to engage with the probation services and to undertake an anger management course and a victim empathy course through the probation service.
He was also ordered to pay a further €1,500 to the victim within 12 months, bringing the total compensation payment to €2,500.
If he fails to pay, he will be in breach of his bond, Judge Roberts warned.
“He may have homophobic issues to deal with too but that’s a different day’s work,” Judge Roberts said.
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