A father of one who punched a garda and left him with a sprained thumb after getting into a “distressed” state at a techno concert in Dublin has received a six-month suspended sentence.
Construction worker Vytautus Kuturis (33), of Berryfield Road, Finglas, Dublin, pleaded guilty to assault causing harm to the officer at a Scooter gig at the 3Arena on December 2nd, 2022. He also admitted to a lesser category assault on a second garda who was pushed during the incident.
The case resumed at Dublin District Court on Thursday when Judge Bryan Smyth noted Kuturis had made a €2,000 donation to the Garda Benevolent Fund.
Judge Smyth described it as a very serious incident warranting a custodial sentence.
However, he took into account the mitigating factors following a plea for leniency from defence solicitor Tony Collier. The jail sentence was suspended on the condition Kuturis kept the peace and did not re-offend in the next 12 months.
The court had heard he had got into a row with his sister, which “escalated” outside the venue. The garda approached and asked him to stop cursing, but the accused “became more aggressive”.
The officer warned him about his behaviour, and Kuturis clenched his left hand and punched the garda in his right jaw.
The garda tried to hold onto Kuturis’s arms resulting in a sprained thumb on his right hand. He also had a bruised jaw.
Mr Collier said Kuturis went to the gig with friends and his sister. The situation arose out of intoxication resulting in a row.
He also became upset and threatened to harm himself and took his shoes, and gardaí noticed he was at North Wall Quay, “too close to the water”. He was in “quite a distressed state”.
Mr Collier said his client was not addicted to alcohol, “but it does not suit him”. That, the solicitor said, explained how Kuturis became “so irrational and emotional that night” and “disinhibited” after the situation escalated.
He said Kuturis was apologetic; he had also required hospitalisation that night due to his behaviour.
The defence asked Judge Bryan Smyth to note Kuturis was employed and submitted that it was at the lower end of an assault causing harm offence.
Mr Collier submitted that his client had learned his lesson and was a hard-working man contributing to society.
He had five prior convictions for public order offences, but the last of those was in 2018.
The solicitor asked the court to consider adjourning the sentencing hearing to demonstrate Kuturis could live a pro-social and sober lifestyle.
The two gardaí provided victim impact statements to the court on Thursday, and Judge Smyth proceeded to finalise the case.
