A convicted drug dealer who shot an innocent bystander in the buttock during the attempted murder of another man over an alleged drug debt will now serve a consecutive 27 years in prison, after what a Central Criminal Court judge described as an act of “gangland thuggery and violence”.
“This group terrorised the public,” said Mr Justice Paul McDermott on Monday, imposing the 17-year sentence to run consecutively to a 10-year term already being served by Tony McInerney, who was caught running a "cocaine factory" in Co Clare in 2020.
A detective told an earlier sentencing hearing that "wild west stuff" happened during the attack in the Co Clare town of Sixmilebridge, with people hiding behind walls and cars.
The court heard that McInerney made a statement to gardaí, where he accepted that money was owed and said that there had been a conflict between "the two men in relation to a relationship with the same girl".
McInerney (28), formerly of Glenina, Gort Road, Ennis, Co Clare, pleaded guilty in July of this year to the attempted murder of Daniel Harty Junior at Pound St, Sixmilebridge on January 18th, 2020.
McInerney also pleaded guilty that on January 18th, 2020 at Pound Street, Sixmilebridge, Co Clare he intentionally or recklessly discharged a firearm creating a substantial risk of death or serious harm to another.
He further pleaded guilty that on a date unknown between January 1st, 2019 and January 18th, 2020 at Inis Ealga, Shannon, Co Clare, without lawful excuse, he made to Daniel Harty Senior a threat, intending the said Mr Harty Snr to believe it would be carried out, to kill or cause Daniel Harty Jnr serious harm.
Drug debt
Mr Justice McDermott said the facts of the case were rooted in criminal and personal connections between McInerney and Daniel Harty Jnr. It was alleged by Daniel Harty Snr that his son owed money for a drug debt, and he was threatened if he did not pay up, he would be killed and his home sprayed with bullets.
Mr Justice McDermott said that there was a winter music festival taking place in the area, which was attended by a good crowd. Daniel Harty Jnr, who was aged 21 at the time, had arranged to go with two other men to a public house on January 18th, 2020, and a BMW was seen cruising up and down the village.
The judge said it was clear from the evidence that the planning of the offence involved a number of people, with the vehicle stored for a month before the shooting and a man was told to have it ready. He said a man was attempting to clean the vehicle when the gardaí raided and seized it.
The judge said that the victim was persuaded to leave the public house, and he became separated from the two people he was with in the course of a verbal argument.
One of the two men was seen talking on a mobile phone, and this was linked to McInerney. Mr Justice McDermott said that Mr Harty’s friend betrayed him by helping to orchestrate what was about to happen.
The other two men crossed the road away from Mr Harty and were “hanging back from him”, when the BMW jeep arrived on the scene.
There was a verbal exchange and the jeep turned around, at which point Mr Harty realised he was in danger and ran towards the pub with the jeep chasing him down. A number of shots were fired, and Mr Justice McDermott said that nine bullet casings were later found in the vehicle.
He said that two men got out of the jeep and ran after Mr Harty, firing shots. Mr Harty fell to the ground, got back up and ran, pursued by the two men, one of whom was McInerney.
Mr Harty suffered three gunshot wounds in the attack, one each to the abdomen, back and arm. He lost the full use of his left arm and had to use a colostomy bag for nine months.
Mr Justice McDermott said that a man walking up the street sustained a gunshot wound to the back of his left buttock in the incident. The judge said this man was lucky to be alive. He said the attack was connected to drug dealing and a drug debt, and there was personal animosity between the two parties.
“They put serious effort into planning the attempted killing, and it took some time to put together,” he said.
'Gangland thuggery and violence'
The judge said that Daniel Harty Jnr had declined to make a victim impact statement, but Mr Harty Snr made a statement saying he remains in fear for his life.
“This shocking attack terrified other members of the public, who were exposed to gunfire and had to run for their lives. This group terrorised the public,” said Mr Justice McDermott, describing it as “gangland thuggery and violence”.
“He couldn’t have cared less about who got in his way,” said the judge.
He went on to say that McInerney has a number of very serious previous convictions and is presently serving a 10-year prison sentence for the sale or supply of cocaine in excess of €13,000.
Saying that the two victims sustained such injuries as to be very lucky to be alive, Mr Justice McDermott said that, whether or not it was committed in the context of criminal enterprise, there was a background of drug offences and the attack was clearly planned with other members of a gang.
“The overall motivation seems to be drug related and personal,” he said.
He said that this offence belongs in the highest category of seriousness, as McInerney had been quite prepared to threaten Mr Harty Snr in the family home and had threatened both father and son, all in relation to a drug debt.
“The attempted murder was planned and coordinated in a fairly ruthless way,” said Mr Justice McDermott.
“(Mr Harty) was shot three times, and it was fortuitous that he wasn’t fatally wounded. He only survived because the shots marginally avoided any major organ,” he said, going on to say that McInerney had displayed a “measure of indifference” to the lives of other bystanders by discharging multiple shots from a moving vehicle.
“The effect on the local community was devastating,” said the judge, explaining that the music festival was subsequently cancelled.
He said that before mitigation, the headline sentence had to be at the upper end of the scale, adding that "outrage such as this should be discouraged".
On the charge of attempted murder, the judge imposed a sentence of 17 years, with five years each on the reckless endangerment charge and the charge of making threats to kill, to run concurrently.
He said that he was satisfied that the serious nature of the offence and the high level of criminality involved required a consecutive sentence and ruled that the 17-year sentence was to be consecutive to the ten-year sentence McInerney is currently serving.
