A young Drogheda man who fatally stabbed a 41-year-old father of two has been jailed for life by the Central Criminal Court after a jury found him guilty of murder.
Keith Cunningham (20) of Halpin’s Terrace, Drogheda, Co Louth had pleaded not guilty to murder but guilty to the manslaughter of Martin Desmond Kimmins (41) at Rathmullen Park, Drogheda, Co Louth on December 30th, 2007.
The jury of eight men and four women spent four and a half hours considering its majority verdict of ten to two.
Cunningham placed his head in his hands when the verdict was read out to the court and his girlfriend Nicola Kavanagh, also the mother of his one-year-old daughter, became visibly upset.
Prosecuting counsel Mary Ellen Ring SC told Mr Justice Paul Carney that the Kimmins family did not wish make any further comment other than to say that Mr Kimmins’ two daughters still had regular contact with the larger Kimmins family.
Mr Justice Carney imposed the mandatory life sentence.
The court heard during the course of the eight day trial that Mr Kimmins had been celebrating with his brother Jim Kimmins at his fortieth birthday on the night in question.
Mr Cunningham and his girlfriend, Nicola Kavanagh, were babysitting one of Mr Kimmins’ two daughters at the home of Anne Gildea the ex-partner of Mr Kimmins and mother of his two daughters.
Ms Kavanagh had taken Mr Kimmins’ daughter to stay with her mother after she wouldn’t sleep and Cunningham and Ms Kavanagh remained in Ms Gildea’s home with there then six-week-old baby.
Mr Kimmins - who was known to be abusive when drunk - arrived at the house in the early hours of the morning looking for his daughters. It was at this time that Cunningham armed himself with two knives from the kitchen and went out to the front garden to confront Mr Kimmins.
Cunningham claimed he was acting in defence of his baby daughter who he believed was in the kitchen at the time.
A number of witnesses including the victim’s brother Jim Kimmins gave evidence that they heard Cunningham scream he was going to stick the knives into Des Kimmins face. A scuffle ensued during which Mr Kimmins received two stab wounds on the chest and upper right arm.
Cunningham pleaded guilty to the manslaughter of Mr Kimmins at the beginning of the trial accepting he had caused Mr Kimmins’ death with the two knives but insisting he had never intended to murder him.
Mr Kimmins died at the scene having suffered a blood clot around his heart as a result of the fatal stab wound to his chest.