Kerry man sentenced to five months for McDonald’s assault, theft and criminal damage
The KerrymanA Kerry man has been sentenced to five months for an assault at McDonald’s in Tralee, and convicted at Tralee District Court for theft and criminal damage .
Richard McCarthy (37) of 29 Deerpark, Manor West, Tralee, pleaded guilty to 11 charges before Judge David Waters.
The court heard that a month earlier, Mr McCarthy tried to stick his hand in a vehicle in Rathass, Tralee after asking for money and being refused. As the driver drove away, he punched the window. He was charged with criminal damage.
The court also heard that on October 26, Mr McCarthy had entered the McDonald’s restaurant in Rathass, Tralee, shortly before 11pm and began to cause a disturbance. He “became irate” when gardaí were alerted. He was charged with non-fatal assault, as well as public order charges for public intoxication and threatening or abusive behaviour.
He faced similar public order charges on August 8 and on August 21, when gardaí alleged to have seen him staggering “on and off the footpath”, as well as on October 8 when gardaí said they observed him “shouting at passers-by” in Rathass.
Finally, the court heard that on October 27, gardaí received a report that he had taken a €17 bottle of vodka from Garvey’s SuperValu in Tralee.
“He was found a short distance away at the Isle of Geese, judge, consuming alcohol,” said Sergeant Chris Manton.
His solicitor Pat Mann noted that his client always pleads guilty. “The gardai accept he was absolutely ossified from alcohol,” added the solicitor.
He told the court Mr McCarthy battled addiction and that many offences had occurred near his mother’s home. He said she takes him in on the condition of sobriety and he gets into trouble when he leaves her care.
The court heard that Mr McCarthy attended Alcoholics Anonymous meetings in prison and told gardai, “I’m sorry about the whole thing”.
The judge noted his aggression towards a driver and restaurant staff. “I have sympathy for him to a certain extent,” said Judge Waters. “But the law views it as voluntary intoxication.”
He noted that Mr McCarthy was “a danger to the public” and “more than just a nuisance to gardaí”.
“The other thing I have to take into account are the victims in the matter,” he said.
He convicted and sentenced Mr McCarthy to five months for the assault, backdated to November 11. He sentenced him to five months concurrent for both criminal damage and theft, taking the public order charges into consideration.