A father of four who beat a man to death with a shovel and later told gardaí “I hope the c**t is dead” has been jailed for 7½ years.
Joseph Cahill (46) earlier this year pleaded guilty to the unlawful killing of 43-year-old Gerard “Ger” Curtin in Limerick in 2023. The plea was accepted on the basis that Cahill honestly believed that he was protecting himself, his property and his children but that the force he used in striking Mr Curtin was excessive.
The Central Criminal Court heard Cahill had previously threatened to kill the deceased after Mr Curtin came to his house, threw stones at his windows, threatened to burn the house down and demanded money. Mr Curtin left after Cahill’s partner gave him €300.
Insp James Ruddle of Roxboro Road Garda station in Limerick told the court that Mr Curtin returned to Cahill’s house in the early hours of the morning, about two weeks later, again demanding money. CCTV footage showed the deceased smashing a window of the Cahill home with a rock.
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The lock on Cahill’s front door was broken so he had propped a shovel against it to keep out intruders. Cahill took the shovel, opened the door and struck the victim on the head, causing him to immediately fall to the ground, the inspector said. Cahill then struck Mr Curtin three more times as he lay “defenceless and immobile” on the ground. Before delivering the blows, Cahill called emergency services and asked for the Garda. After delivering the fatal blows, with Mr Curtin lying motionless on the ground, Cahill told the call taker that a man was trying to get into his house.
He waited a further eight minutes and 30 seconds before telling the call taker to send an ambulance. When asked why he needed an ambulance, Cahill said: “I think he’s dead ... I had to protect my kids. I don’t give a f**k about going to jail. I beat a shovel off his head and I kept beating, to tell you the truth.”
The first garda at the scene made a note of Cahill saying: “I hit him with a shovel, I hope the c**t is dead.”
At the Central Criminal Court on Monday Ms Justice Eileen Creedon said that Mr Curtin lost his life in “very violent circumstances”. While it is accepted that Cahill believed he was acting in defence of himself, his property and his family, Ms Justice Creedon said the force he used was disproportionate.
She said it is clear from statements made by the deceased’s family that the killing has had a “profound and lasting effect” on them and has been devastating to his parents.
Having set a headline sentence of 10 years, Ms Justice Creedon noted Cahill’s family circumstances as a father of four, his history of mental health difficulties and that his previous convictions were all at District Court level.
She reduced the sentence to eight years with the final six months suspended on condition that he be of good behaviour, engage with mental health services, attend an anger management programme and engage with any therapeutic services recommended by the probation services.
On May 30th this year, Cahill, of Sarsfield Avenue, Garryowen, Limerick, pleaded guilty to the unlawful killing of Mr Curtin on November 4th, 2023, outside his home.
At a sentencing hearing Garret Baker SC, for the Director of Public Prosecutions (DPP), told Ms Justice Creedon that Cahill was originally charged with murder. The DPP accepted the manslaughter plea on the basis that Cahill honestly believed that he was protecting himself, his property and his children but that the force he used in striking Mr Curtin four times with the shovel was excessive.
In an impact statement, Bianca Hickey told the court that the deceased was a brother, father, partner and friend. She said the family has always been “close-knit” but the killing tore them apart.
She said they have watched their parents become “completely different people”. Their mother “traded nights at bingo for sleepless nights and endless nightmares” while their father lost interest in his hobbies and no longer loves chatting and laughing with his family.
[ ‘I beat a shovel off his head’: Man sentenced for unlawful killingOpens in new window ]
Insp Ruddle agreed with Michael O’Higgins SC, for Cahill, that gardaí were aware of allegations over many years that Mr Curtin had smashed windows of houses and threatened the occupants.
The court heard that eight days after the killing, Cahill’s home was petrol bombed and the family was forced to move out of the area. Cahill’s sister’s home was also petrol bombed at 5am while all people living there were in bed, the court was told.
When Mr O’Higgins began to read a letter of apology from his client, the deceased’s family stood up and walked out of court.
