A man who attempted to point a loaded firearm at unarmed gardaí has been jailed for five and half years.
Leon Mitchell (43) of Shangan Green, Ballymun pleaded guilty to one count of possession of a firearm and one count of possession of seven 9mm rounds of ammunition at Shangan Gardens on April 14th, 2022. Mitchell has 13 previous convictions, including one for carrying a firearm.
Judge Dara Hayes said the firearm was modified and loaded and that Mitchell had attempted to produce it at the unarmed gardaí.
He noted the impact the crime had on the gardaí involved and the fact that Mitchell had a relevant previous conviction.
“It is clear that he had it in his possession for a criminal purpose,” Judge Hayes said, though he acknowledged it is not known what that purpose was.
He said he was taking into account the fact that Mitchell had a loaded weapon in a public place and the harm caused to society by the possession and use of such weapons.
Judge Hayes sentenced Mitchell to five and half years in prison, having set an initial headline sentence of eight years. He said he was taking into account evidence that Mitchell had “a significant period of non-offending”, having previously not come to garda attention for 13 years from 2005 to 2018.
Garda Peter Elliott told prosecuting counsel that three members of An Garda Síochana were on patrol in the area on the day in question. Their suspicions were aroused when Mitchell appeared to change direction when he noticed them.
The gardaí split up to follow Mitchell, who initially was on a bike, then on foot.
At a walkway in the Shangan Terrace area, Mitchell put his head down and attempted to charge two gardaí, trying to get past them. The accused put his right hand to his waist and attempted to take something off his waistband.
Gda Elliott said gardaí were trying to restrain Mitchell, who was lashing out, kicking and then attempted to strike gardai with his fists.
The third garda arrived and efforts continued to restrain Mitchell, who was still lashing out. Mitchell moved his hand towards his waist but Gda Elliott said gardaí managed to pull his hand away.
Carrying a pistol
Mitchell had a bag around his neck containing an object, later identified as a 9mm pistol. The accused tried to grab the bag again, but gardaí managed to get it away from him and restrain him.
Gda Elliott said he felt afraid when he discovered that “what was a physical altercation could have been much worse.”
None of the gardaí present were armed. Garda armed support were called to the scene to make the weapon safe.
Following an examination, it was confirmed that the pistol was a loaded firearm in good working condition which contained seven rounds of ammunition. The firearm had been adapted and was capable of firing automatically.
Gda Elliott agreed with Kathleen Leader SC, defending, that there had been a period during which her client had stayed out of trouble.
He accepted her client had co-operated with gardaí and has drug addiction issues.
Ms Leader said her client had entered an early guilty plea and was dealing with his addiction issues.
Judge Hayes said this was a “serious offence”.
