A homeless man who pleaded guilty to the manslaughter of a 45-year-old man who was struck in an “impulsive” and “disproportionate” action after a “stupid argument” over a cigarette, has been jailed for three years.
David Sweeney, of no fixed abode, apologised to the family of Mark Foley for causing his death following an altercation which occurred shortly after 9pm on November 4th, 2021, at Lower Glanmire Road in Cork.
Cork Circuit Criminal Court heard that Sweeney (30) was living in a tent on the grounds of a church when the offence occurred.
Det Garda Malcolm Walsh told Judge Catherine Staines that Sweeney went to a local shop to charge his phone at 9pm on November 4th, 2021 when he came across Mr Foley, who was not known to him, on the road.
Sweeney asked Mr Foley for a cigarette. Det Garda Malcolm Walsh said words were exchanged between the pair. He said Sweeney punched Mr Foley in the head “causing him to fall on the footpath.”
“David Sweeney came up behind him and punched him in the head. He gave him a number of punches and kicks to his body before he (Foley) had a chance to get up from the ground. “
Det Garda Walsh said that it was clear from CCTV that Mark Foley was disorientated when he stood up. As he attempted to steady himself David Sweeney punched him in the face. Dt Garda Walsh said that Mr Foley fell and “took the full force of the fall to the footpath.”
The court heard that Sweeney went in to the local shop and asked the cashier to call an ambulance. Mr Foley was found unconscious on the footpath and was taken to hospital by ambulance.
Sweeney was interviewed the day after the assault and made full admissions to gardaí about what had taken place. Mr Foley was a father of four who lived in Cork and London. He died at Cork University Hospital on December 5th, 2021, arising out of injuries he had sustained in the assault.
Defence barrister, Tom Creed SC, said that his client was under the influence of drugs when he inflicted the fatal blow.
He said that Sweeney was battling a heroin and crack cocaine addiction at the time of the offence. He was living in a tent on the grounds of St Patrick’s Church in Lower Glanmire Road in Cork.
A letter was furnished to the court from David Dwyer, who is the Sacristan of the church. He said that he had known Sweeney for eight years. He described him as being a “well-behaved and courteous man.”
Mr Creed apologised to the family of the deceased on behalf of his client. Sweeney, who has 51 previous convictions, said in a letter that the death of Mr Foley had occurred because of his “bad decision.”
“It (the assault) was wrong. I may have hit him through fear. I should have reacted differently. I have destroyed an innocent family over a stupid argument.
Mark and his family are always in my thoughts and my prayers. I don’t expect them to forgive them, but they really are in my thoughts and prayers.”
Mr Creed said that his client had entered a guilty plea at the first opportunity. He said that the probation officer of his client had stated Sweeney was “resoundingly remorseful” for his actions.
Mr Creed said that his client was a father of two who had grown up in adverse family circumstances. “He wants to clear himself of drugs. Drug taking has caused him nothing but unhappiness. It was not a premeditated act.”
He added that it was accepted that Mr Foley had produced a Stanley knife during the incident. He said that his client claimed that Foley threatened to cut his throat.
“He became incensed and struck what appears to have been the fatal blow. Mr Foley falls helplessly to the ground and bangs his head on the ground. The deceased had three times the alcohol limit for driving (in his system), which did not help the situation. He survived a month but did not come out of the coma.”
Judge Staines said that probation reports indicated that “rehabilitation was a real possibility” for Sweeney. She stated that he had written a “very sincere” letter of apology to the family of deceased and noted his wish to “turn back the clock.”
Judge Staines said that Sweeney had taken a risk in punching Mr Foley who had paid a “horrid cost” for the poor decision-making of the defendant. She said that it was accepted that a knife had been produced by the victim in the course of the incident and that a “scuffle ensued.”
She described the offence as being in the mid-range in terms of culpability. She deemed as mitigating factors in the case that Sweeney cooperated fully with gardaí and had asked a shop worker to call an ambulance for the victim.
Judge Staines said that the guilty plea was of significance before jailing Sweeney for four years suspending the last year of the sentence. Sweeney was originally charged with assault causing harm before being subsequently charged with the unlawful killing of Mr Foley.
