A former Irish soldier who shot at his wife while she was in bed praying has been jailed for four years.
Peter Walters had drank six bottles of whiskey before the incident at the family home in Raphoe, Co Donegal.
The 57-year-old, who suffers from untreated post-traumatic stress disorder (PTSD) after killing a man in Lebanon, admitted carrying out the incident when he appeared at Letterkenny Circuit Court.
Walters, a military enthusiast, took one of his replica guns from a cabinet of weapons he held at his home at Beechwood Avenue and opened fire with blank ammunition on May 17th, 2021.
Judge John Aylmer said an aggravating feature of the case was that the victim was the accused man's wife and the offence constituted a "gross breach of trust".
Walters was charged with producing an article capable of inflicting serious injury, namely a decommissioned firearm capable of firing blank bullets, in a manner likely to unlawfully intimidate another.
The court was told Walters spent seven years in the Defence Forces from 1981 until 1987 and had killed a man during combat and was discharged on mental health grounds.
However, he remained interested in all military items, and kept a collection at his house, including replica guns which were used in war re-enactments.
The court heard on the morning of May 17th, 2021, Walters had drank at least six bottles of whiskey in the previous 24 hours, the court was told.
The following morning, his wife, Theresa Walters was praying when Walters came into the bedroom. Ms Walters described “a big loud bang” that was “deafening”.
“She thought he was going to kill her,” Detective Garda John O’Sullivan told the court, with Ms Walters telling detectives: “I thought he wanted me dead.”
Ms Walters was unaware that her husband was firing blank bullets and he was shouting to her to get out of the house. He told her: “You’re not my wife. Get the f**king hell out of this house.”
Gardaí attended the scene at Beechwood Avenue around 10.20am and Walters was arrested.
Walters was subsequently taken to Letterkenny Garda station, where he was too intoxicated to be interviewed.
The court heard that prior to this incident, Walters had not drank for 12 years.
“He told Gardai that he blacked out and doesn’t remember anything,” Mr Nolan said.
Military items
In a subsequent search of the house, gardaí found a stash of weapons, including a Thompson submachine gun and a semi-automatic pistol and “other military items”. Three rounds of blank cartridges were located on a desk in a room marked ‘Peter’s computer room’, and blood staining was noted by officers.
In a locked glass display, which was covered by a curtain, gardai found an Uzi machine pistol and other blank cartridges.
It was confirmed that all of the items found were legally held by Walters.
A ballistics test confirmed that the pistol Walters was holding when gardaí arrived was “not capable of discharging bulleted ammunition”, nor was another 9mm calibre pistol located by officers, the court heard.
Counsel for the State, Ms Fiona Crawford, said Walters was “obsessed with military history”.
The court heard that Walters served in the Defence Forces between 1981 and 1987, and during a mission to Lebanon in 1983, killed someone in order to protect other Irish soldiers.
“He is extremely traumatised by that and continues to have flashbacks,” Walters' counsel Mr Peter Nolan said.
In her victim impact statement, Ms Walters told the court: “The nightmares still haunt me to this day. I have been in fear of my life until today. I can now face you and tell you that I will do my best to rebuild my life.”
Mr Nolan said medical reports stressed his client suffers from untreated PTSD.
“From that appalling situation in Lebanon, where he shot another human being...from that day on, it has been like a cancer eating away at him. He never received any treatment for his PTSD,” he said.
Mr Nolan added that his client is trying his best and had attended White Oaks Rehab Centre in a bid to combat his alcoholism and was also volunteering at the Donegal Donkey Sanctuary in Raphoe.
The court was told Walters has not consumed alcohol in two years, while a report from the Probation Services put him at a moderate risk of reoffending but noted he is not suitable for community service.
Sentence
Referring to Section 40 of the Domestic Violence Act, Judge Aylmer said he placed the case in the mid-range of offences, meriting a sentence of six years before mitigation.
However, because the victim was the partner of the accused, the matter merited a sentence of seven years.
The judge noted Walters' cooperation with the investigation, his admission and early guilty plea in mitigation.
The court also noted his work history and his volunteer work as a mechanic with the local Donegal Donkey Sanctuary.
Considering the mitigating factors, Judge Aylmer reduced the sentence to five years in prison, suspending the final 12 months.
He gave Walters credit for time spent in custody and also ordered him to abstain from alcohol for 12 months after his release and engage with the local mental health and addiction services.
The judge also ordered for the destruction of all guns and ammunition seized from Walters' home.
