An innocent bystander was shot in the buttocks while others dived for cover when a drug dealer opened fire at another man during a music festival over a debt and a row between them about "the same girl", the Central Criminal Court was told on Monday.
A detective told Monday’s sentence hearing that "wild west stuff" had happened that night in the Co Clare town of Sixmilebridge, with people hiding behind walls and cars.
Tony McInerney, who the court heard was the leader of a large drug network in Co Clare, was initially jailed for 12 years after being caught running a "cocaine factory" in 2020 but the sentence was later reduced to 10 years by the Court of Appeal.
McInerney (28), formerly of Glenina, Gort Road, Ennis, Co Clare, pleaded guilty in July to the attempted murder of Daniel Harty Junior at Pound Street, Sixmilebridge on January 18th, 2020.
McInerney has 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 has further pleaded guilty that on a date unknown between January 1st, 2019 and January 18th, 2020 at Inis Eagla, Shannon, Co Clare without lawful excuse, 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 Junior serious harm.
At Monday’s sentence hearing, Detective Sergeant Kevin O'Hagan detailed the background of the event, telling Lorcan Connolly BL, prosecuting, that Mr Harty Snr was at home in mid 2019 when there was a knock at his door.
McInerney was outside and introduced himself to Mr Harty Snr by shaking hands. The defendant inquired about the whereabouts of his son Daniel before making threats that Mr Harty Jnr owed money for drug debts.
The defendant told Mr Harty Snr that his son was to "pay up" or he would be shot and that their home would be sprayed with bullets. The defendant left the house and was followed by Mr Harty Snr, who didn't make a complaint to gardaí at that stage but did so subsequently.
Mr Connolly said Mr Harty Jnr was in a local pub when an annual music festival was taking place in Sixmilebridge in January 2020. Mr Harty Jnr was walking to another pub called 'McGregor's' in the town around 00.18 that night when a dark-coloured BMW jeep was driving up and down the street. The detective said that the jeep had been circling up and down the road prior to the incident.
Mr Harty Jnr separated from the group he was in and a verbal altercation ensued between him and the occupants of the jeep. "As the jeep turned around, Mr Harty Jnr realised something was afoot and ran. At that stage shots were fired from the jeep," said the witness. Mr Harty Jnr ran to the back of 'McGregor's' pub as McInerney and another man ran after him firing shots.
McInerney and the other man then got into the back of the jeep, which had reversed to collect them. Mr Harty Jnr continued to hide behind the wall, having been shot three times.
The court heard that another bystander had been walking up the street to 'McGregor's' pub with some friends at the time of the shooting. One of the bullets lodged in his buttocks as the shots were fired out. The detective said that this victim was fortunate in the way the bullet was lodged and had spent two days in hospital.
Gardaí identified McInerney, who made a statement to gardaí and gave an explanation "around the motive". The defendant accepted that money was owed and that there had been a conflict between "the two men in relation to a relationship with the same girl". Det Sgt O'Hagan told the court that "wild west stuff happened here" when a big festival was happening in the town.
Det Sgt O'Hagan said the jeep was recovered some days later and nine bullet cases were found inside. The witness said gardai were satisfied a minimum of nine shots were fired and that residue found inside the jeep matched those bullets. He added: "The jeep was procured a month before this so it goes to show the planning".
Bringing the court through the CCTV, the detective said Mr Harty Jnr had fallen after he was shot and that he was pursued by two men who could be seen raising their arms in the footage. He said the jeep went around the block and came back again looking for Mr Harty Jnr, who was lying behind a wall fearing he would be shot at again.
Emergency services were contacted and medical assistance arrived at the scene to bring Mr Harty Jnr and the other victim to University Hospital Limerick. Mr Harty Jnr received three gunshots to his abdominal wall, left lower back region and left upper arm.
He spent three weeks in hospital and had a colostomy bag for nine months. He still does not have the full use of his left arm and is suffering from PTSD, said the witness.
According to the detective, McInerney and another man "not amenable to the court at the moment" were identified as the two shooters. The jeep was procured the previous month and stored in Co Clare and another person was told to have it ready for use on January 17th.
When gardaí seized the jeep a person had attempted to clean it but gunshot residue was found inside. "Three fired bullets were taken from a wall on the road to show the indiscriminate nature of the shooting," he added.
Only one of the firearms was recovered in Co Galway in June 2021 and it later became evident that the nine shell casings came from it, said the witness.
The detective agreed with prosecution counsel Mr Connolly that Mr Harty Jnr had identified McInerney to gardaí saying: "I know in my heart who that was that shot me". While McInerney and the other shooter both had guns, the detective said gardaí could not confirm who had fired the exact shots.
The court heard that McInerney and the other shooter had been identified crossing into Clare from Limerick earlier that day, where they met up with the person driving the jeep who brought them to Sixmilebridge. Three were three people in the jeep at the time of the shooting.
McInerney was arrested on February 27th, 2021 and detained at Shannon Garda Station, where he was interviewed on five occasions but exercised his right to silence throughout.
Mr Connolly said Facebook messages had assisted gardaí in the investigation as it created associations between the criminal gang involved in the planning and execution of the incident.
Mr Harty Jnr did not want to make a victim impact statement. However, his parents and sister were present in court today.
The court heard that the other victim had put this event behind him, was "over it injury wise" and did not want to get involved in the garda investigation.
Mr Harty Snr said in his victim impact statement that he was in his home in mid 2019 when he got a knock on the door from a man who introduced himself as Tony McInerney. "He asked if my son Danny was home, he said he owed him €2,500 and if he didn't receive it he would know what happens. Mr McInerney became very abusive and angry at the door. He said he would shoot my son Danny and spray my house with bullets. I couldn't relax that night as I didn't feel safe in the house. I now live in constant fear for the safety of all my family," he said.
The court heard that McInerney has 13 previous convictions which include him being caught in possession of a large amount of drugs for which he received a 10-year sentence. Another previous conviction was for possession of explosives in suspicious circumstances, which the court heard was a pipe bomb.
The detective said that the father-of-two is currently serving a sentence for the drugs conviction and that €50,000 worth of cocaine had been found when gardai entered a house.
The detective told Mr Justice Paul McDermott today that McInerney was the leader of a large drug network in Co Clare and had several people working for him. "He was the sole person responsible for the attack as in the planning and organisation but he did bring other people with him. It is absolutely reckless to think that in a small town in Clare this event would happen. It was very clear from the start that this was a traumatic event for people; people were hiding behind walls and cars," he remarked.
Det Sgt O'Hagan agreed with Michael Collins SC, defending, that no firearm residue was found on his client. The officer also agreed that the defendant and the other man were each in possession of a firearm but that gardai could not confirm who had fired which gun.
Mr Collins read a letter written by McInerney to the court, where the defendant said he had been heavily addicted to cannabis and sold the drug at the age of 17 to fund his habit. McInerney said he had carried out a reckless act which left two people shot but that his "life of crime" ended the first day he came to prison. He said he fully accepted responsibility for his actions and knows he has to suffer the consequences. "I'm dedicated to change, hopefully someday I can do some good, once again I'm truly sorry," he said.
In his submissions, Mr Collins asked the court to give maximum credit for his client's early guilty plea and that he had apologised "not alone to the victims but to society in general as is proper".
Mr Justice McDermott remanded McInerney in custody until next Monday, when he will be sentenced.
