Two men have been handed prison sentences for their roles in the discharge of a firearm in Dublin last November.
Brandon Kelly (18) of Lourdes Road, Maryland, Dublin 8 pleaded guilty at Dublin Circuit Criminal Court to having possession of a firearm and ammunition for an unlawful purpose on November 15th, 2022, at Mercer House, Mercer Street, Dublin 2.
Jamie Byrne (26) of Oliver Bond House, Dublin 8, pleaded to one count of aiding and abetting another person in the reckless discharge of a firearm on the same date. The court heard that it is the State's case that Byrne knowingly assisted Kelly in leaving the scene after the firearm was discharged.
Detective Garda Joseph Hickey told Aoife McNickle, BL, prosecuting, that gardaí received reports that a firearm had been discharged in the Mercer flat complex at 5pm on the day in question.
The court heard gardaí carried out an extensive investigation, and the incident was initially treated as attempted murder.
CCTV footage obtained by gardaí showed that there had been an argument between a group of three men and two other males, one of whom is a minor, at 4:36pm.
Kelly and Byrne were both in the area at this time and were seen by gardaí with a third party who had been involved in the altercation at 4.53 pm. Byrne then got a motorbike and travelled with Kelly to the Cathedral Street area.
Both men returned to Mercer House a few minutes later. Kelly was then identified in the courtyard of the complex wielding the firearm and firing it. Witnesses told gardaí they heard the shots and arguing. Byrne arrived shortly after the shots were fired at 4.58pm.
The two men then left the area on the motorbike. Det Gda Hickey said the incident “escalated quickly in a short period of time,” and it was a “big shock” to gardaí “the speed” at which the firearm was accessed.
Gardaí retrieved one spent shell and one live round from the complex. The firearm was not recovered, but Det Gda Hickey said it is believed to have been a hand pistol.
The injured party is a minor, and his parents didn't wish him to be part of the prosecution, the court heard. No victim impact statement was provided.
Previous convictions
Both Kelly and Byrne were arrested on November 22nd last and have been in custody since they were charged on November 23rd.
Kelly was interviewed by gardai, but nothing of evidential value was obtained. Byrne maintained he had no knowledge of the firearm during the interview.
Kelly has a number of previous convictions and received an 18-month suspended sentence on a robbery charge last November. Byrne has 32 previous convictions.
Det Gda Hickey agreed with Derek Cooney BL, defending Kelly, that his client was not involved in the initial altercation and was identified from CCTV. It was further accepted that it appeared Kelly was being directed by the third party.
The garda witness agreed with Dominic McGinn SC, defending Byrne, that his client was on the street outside when the shot was fired, and his role was to use the motorbike to take Kelly from the scene afterwards.
He also accepted that Byrne has an addiction to cannabis and has been making efforts to address this while in custody. He also agreed with Mr McGinn that Byrne's involvement was “somewhat out of character”.
Ms McNickle outlined to the court that the Director of Public Prosecutions views the possession of a firearm charge in the upper sentencing range of ten to fourteen years as it was discharged in a public area.
Counsel for both men asked the court to take into consideration their guilty pleas, ages and addiction issues, which they said led to the men's involvement in criminality.
Mr Cooney said his client became involved with a negative peer group. He said Kelly was “naive” and “vulnerable” and would go along with any suggestions made to him.
He noted that Kelly was handed a suspended sentence 13 days before this offence was committed, and an application is due to be made for this sentence or a part of it to be activated.
In custody
Mr Cooney said his client has the support of his family and is doing well in custody.
Mr McGinn said Byrne's actions were “out of character for him” and he had a “limited role” in the incident.
Byrne has two children, and members of his family were present in court to support him.
A number of references and a letter from Byrne were handed to the court.
Mr McGinn said his client is taking steps to deal with his addiction issues and has already spent almost a year in custody. He asked the court to consider if this was “enough” to mark the severity of the offence.
Judge Martin Nolan said the discharge of the firearm was a “reckless act”, and both men became involved after a dispute.
He said he took into account the mitigating factors for both men, including their guilty pleas, their youth and that both have been doing well in custody.
Judge Nolan said the court “could not have much” confidence that Kelly would not re-offend in the future, but must hope for his rehabilitation.
He imposed a seven-year sentence on Kelly and said he had taken into account the suspended sentence. He added that if he were “an older person, the court would not have been so kind”.
Judge Nolan noted the “limited involvement” of Byrne in this serious crime and handed him a 27- month sentence. He directed that the sentences for both men are backdated to November 22nd last, when they entered custody.
