A MEMBER of what was described as a drugs supply family in the Kilbarrack area who fired two gunshots into a garda inspector's home has been jailed for four years by the Dublin Circuit Criminal Court. A woman was, also jailed for her part in the incident.
Stephen O'Doherty fired into both an upstairs and downstairs room of the home of Insp William Stratford with a sawn off double barrelled shotgun.
Det Insp Thomas Gallagher said Insp Stratford had set up a community based drugs awareness programme in the Kilbarrack area, which annoyed the O'Doherty family. O'Doherty claimed he did it because he fed up with the "hassle" his family and himself were receiving from gardai.
O'Doherty (28), a father of two, and Tracey Hynes (19), both from Swan's Nest Court, Kilbarrack, Dublin, pleaded guilty to recklessly discharging a firearm into the house at 4.30 a.m. on May 7th, 1995.
Mr Gregory Murphy SC (with Ms Mary Ellen Ring), for O'Doherty, said his client was "strung out" on crack at the time of the shooting and apologised for his action which was not part of a vendetta or campaign. He accepted that Garda activity relating to his family had been legitimate and not unlawful harassment. Mr Murphy said his client was now drug free.
Both pleaded guilty to unlawful possession of a Merkel double barrelled shotgun on the same occasion. O'Doherty further admitted unlawful possession of shotgun cartridges and five charges of causing criminal damage to cars on May 4th, 1995.
Judge Gerard Buchanan noted the maximum penalty allowed for the reckless shooting was five years, and for the unlawful possession of the gun, 14 years.
He jailed O'Doherty for four years for the gun offence, three years for the reckless shooting and two years for the criminal damage, the sentences to run concurrently. He imposed a three year sentence on Hynes for the gun offence and two years for the shooting.
Judge Buchanan said drug addicts seemed perfectly able to drive cars and to shoot guns, but when it came to admitting the consequences of their crimes they pleaded they had been under the influence of drugs. If the shooting had been part of a concerted plan he would have dealt with it more seriously.
O'Doherty was traced through a car owned by him which had been seen in the area at about the time of the shooting. The car was later found in the driveway of his mother's home at Swan's Nest.
The shotgun, which was recovered concealed in the car, had been stolen about six months previously. A number of people, including Hynes, were arrested and she made a statement about her role. She said she had been keeping watch for O'Doherty.
Det Insp Gallagher agreed with Mr Brendan Grogan SC (with Mr Cormac Quinn) that Hynes had taken crack and smoked heroin that night. She was in the car some 400 metres away listening to a scanner tuned in to the local Garda frequencies. She would not be involved but for drugs and O'Doherty's influence. O Doherty had told her he was "going to do a policeman's gaff" that night.
Det Insp Gallagher agreed with Mr Murphy that O'Doherty was also on crack at the time. He told gardai he was glad he had been arrested as he had not eaten for days.