US tourist Stephen Termini suffered "five life-threatening injuries" when he was attacked by three youths in Dublin city centre last year, a court has heard.
The artist and musician (57) was severely injured during the incident on the corner of Store Street and Talbot Street in the north inner city on the night of July 19th.
Three boys, then aged 14, 15 and 16, who cannot be named because they are minors, are accused of violent disorder and causing serious harm to Mr Termini, who is from Buffalo, New York.
Dublin Children's Court heard on Tuesday that the Director of Public Prosecutions (DPP) has recommended trial on indictment, meaning the case should go to the Circuit Court, which has broader sentencing powers.
The boys, now aged 15, 16, and 17, faced separate preliminary hearings to determine their trial venue.
Two of them offered guilty pleas in the hope the Children's Court would retain their cases.
However, state solicitor Sean Smith urged Judge Paul Kelly to note that the victim was in "mortal danger" and agree with the DPP regarding sending their cases to the Circuit Court.
'Nothing short of devastating'
Mr Smith described the injuries as "nothing short of devastating", and the court heard the victim remained in intensive care for two weeks.
Garda Sergeant Niall Godfrey told the hearing that medical reports stated the injuries "created a substantial risk of death".
After viewing CCTV footage, hearing an outline of the allegations and being furnished with hospital reports on Termini, the judge considered their cases too serious and refused jurisdiction.
He noted the State needed eight weeks to complete books of evidence for the trio, who were accompanied to court by family members.
Two of them also had bail revoked, and they were remanded in custody after the judge was given lists of dates when they broke conditions imposed by the court, particularly their curfews.
Three high-quality CCTV clips which captured the incident were played during the hearing.
Gda Sgt Godfrey said the now 16-year-old boy had been loitering on a nearby street and met the other two before 10.30pm on the night in question.
They went to the junction of Store Street and Talbot Street, where they got into an altercation with Mr Termini, who had been walking past them.
A witness heard him say, "I don't want to fight," but "moments later, all three attacked Stephen Termini".
Sgt Godfrey said the footage showed that same teen participating in the "unprovoked assault", kicking Mr Termini as he was against shop shutters.
He remained involved in the attack as it continued around a corner, where Mr Termini was knocked to the ground.
The video showed him lying motionless after the attack as two youths came back to check on him. One of them began to tap him on the face, but he did not regain consciousness.
Alarm
Gardaí established that the teens did not alert the emergency services, but a witness made the call.
Mr Termini was first treated in the Mater Hospital, where doctors carried out an emergency sight-saving procedure before transferring him to Beaumont Hospital's intensive care unit for 14 days.
Specialists found that he had five life-threatening injuries to his right eye and a brain bleed, a head injury, a skull fracture, a traumatic brain injury and a fractured cheek.
He remained on a ventilator for two days, and stayed in intensive care for two weeks before being moved back to the Mater for further rehabilitative treatment until the end of August.
His barrister, Doireann McDonagh, said that boy offered a guilty plea and asked the judge to accept jurisdiction. She submitted that he was 15 at the time of the incident, had no prior convictions and was extremely remorseful.
The barrister, who also represented one of the co-defendants, was told that it seemed to the boys that Mr Termini had been drunk and approached a group of girls of a similar age to them.
Ms McDonagh claimed that "the boys felt he was being creepy, and a fight ensued", but it got out of hand. She added that they never intended to cause the level of injuries inflicted.
She said the now 16-year-old boy was horrified over the incident. His mental health had also suffered, she said, and he needs a lot of support.
I didn't mean to do what I done
Accompanied to the hearing by his parents, he said: "Judge, sorry, it was the circumstances. I didn't mean to do what I done."
His bail was revoked after the court heard he had broken conditions 14 times since December.
Ms McDonagh said her other client, now 17, was willing to plead guilty.
Detective Sergeant Shane Noone said this teen approached Mr Termini and "was seen to aim a roundhouse kick", had his hands in a boxing stance, and kicked Stephen Termini to the head and upper body.
Counsel submitted he had a lesser role in the incident, and withdrew from the attack, beginning to record the incident and did not inflict the more severe injuries. However, the judge noted this teen's actions led to more severe injuries.
The court heard the youth, accompanied to the hearing by his mother, has complied with his conditions. He remains on bail and will appear in court again in May.
Garda Sergeant John Brady told the court the youngest member of the group, who has not yet indicated a plea, was alleged to have been the one who gave the blow that put Mr Termini to the ground and caused the head injuries.
His barrister, Roisin O'Mara, asked the court to note that he was 14 at the time and still enjoys the presumption of innocence.
His parents came with him to court, but his bail was also revoked after gardaí alerted the judge to 15 breaches of his conditions.
