A Letterkenny man who stabbed one man with a knife and beat up an elderly pensioner in two random attacks in the town has been jailed.
John McGinley was handed total sentences of six years and 10 months when he appeared at Letterkenny Circuit Court. One three-year prison sentence has been fully suspended for three years following his release from prison.
McGinley, a 20-year-old of Glenwood Park, is already behind bars after being convicted of slashing a man with a knife in 2022.
In passing sentence on McGinley, Judge John Aylmer the accused as “a very dangerous young man”.
McGinley was before the court charged with three offences and he pleaded guilty to each at a previous sitting of the court.
In the first incident on October 31, 2022, McGinley attacked Patrick Durning, who was waiting for a taxi on Letterkenny Main Street. Mr Durning was trying to flag down a taxi when he felt a “pinch” on his ear and realised that blood was spurting out of his ear and neck.
The terrified victim didn’t know if he had been stabbed with a bottle or a knife and ran across the road when he spotted gardai. Mr Durning was rushed to Letterkenny University Hospital where he was given emergency treatment for a stab wound to both his near and neck.
McGinley was identified as a suspect and found a short distance away, with a glass bottle in his hand, on the Port Road.
An intoxicated, aggressive and abusive McGinley was pepper-sprayed by gardai before he was restrained and arrested. When searched, a knife was found on McGinley which was seized.
McGinley made no admissions to detectives when questioned and said he didn’t see anyone being assaulted. Later, he identified himself on CCTV footage.
Mr Durning gave a harrowing victim impact statement telling how he became depressed and couldn’t get out of bed or socialise after the attack. He added that he felt fear when he went into Letterkenny and that his confidence had plummeted as he was a big man and was supposed to be able to protect himself and his family.
The victim, who said he finds it hard to be alone in public, said he feels lucky to be alive and recalls feeling how the incident could have been the end of his life.
McGinley’s second brutal attack was committed against a 70-year-old pensioner who was out for an early morning stroll at 5.45am at Glenwood Park in Letterkenny on June 16, 2023.
James Doheny was out with his partner hoping to catch a glimpse of the Red Moon when McGinley approached him and asked him if he lived on the estate.
He threw a punch at Mr Doheny, who managed to duck but was then hit with a punch in the kidneys and he dropped to the ground. Mr Doheny was kicked in the head and his partner began screaming.
Gardai were called and a description of the attacker was given while CCTV from the area was also harvested from the area. Just after 6am, gardai encountered McGinley at Ballymacool and he said he had been out walking to the shops. His clothing was blood-stained and he claimed he had cut it on a garden gate earlier.
In his victim impact statement, Mr Doheny said he had called Glenwood his home for more than three decades and had raised a family of five children there.
Before he was brutally beaten he revealed that he was recovering from a stroke and this incident had severely impacted his recovery. Mr Doheny told the court that he felt terrified and helpless and he has been suffering from anxiety since the incident.
He said he wanted Judge Aylmer to think of the consequence on him when he is determining the appropriate sentence for McGinley.
Barrister for McGinley, Mr Colm Smyth, SC, said his client was well known to the Judge and to the court.
He outlined McGinley’s struggle with drugs from an early age and the loss of various family members which led to his dysfunctional life and which led to him self-harming himself.
McGinley, in a letter addressed to Judge Aylmer, said he has been in prison for the last 15 months and has been reflecting on his life.
Mr Smyth said a probation and welfare report has been compiled on his client and found that he does pose a serious risk of reoffending.
However, he stressed that the crimes were committed while McGinley was intoxicated on tablets and alcohol. Mr Smyth said McGinley has been “out of control” at times.
He pointed to the death of an uncle and a pregnancy loss involving an ex-girlfriend. He said that McGinley also had a significant use of cocaine and has been using drugs since he was 11.
In the witness box, McGinley himself said he was “ashamed” about what he did and added: “I’m sorry for my actions. Hopefully they can accept my apology. I really am sorry”.
In passing sentence, Judge Aylmer said a serious wound was inflicted to Mr Durning, who felt that he was “very lucky” that a main artery wasn’t severed in an attack that was committed while the accused was on bail and was placed at the upper end of such offending by the judge.
“It was a very dangerous injury,” Judge Aylmer told McGinley. “You are very fortunate that you are not before another court on a more serious charge.”
Judge Aylmer said the attack on Mr Doheny left the victim “afraid to leave his house” and the incident was “an extremely frightening and upsetting experience for him and his partner”.
In mitigation, Judge Aylmer said McGinley tendered a guilty plea to the attack on Mr Durning, albeit it was a late plea, and he had identified himself on footage when it would otherwise have been difficult to do so.
He said a guilty plea for the attack on Mr Doheny was valuable as the evidence was circumstantial.
Judge Aylmer said McGinley is a very young man who has completed a Life Beyond Addiction course. However, Judge Aylmer noted that he has “not been doing much with regard to rehabilitation while in prison”, despite the Probation Service saying that he was “in severe need of rehabilitation”.
“Unfortunately, you displayed litle enthusiam for the rehabilitation services that have been offered,” Judge Aylmer told McGinley. He said McGinley is “clearly a very dangerous young man” who needed “significant time” in custody to allow himself to cultivate a desire to engage in rehabilitation services that are being made available.
For the attack on Mr Durning, McGinley was sentenced to three-and-a-half years in prison with the sentence to run consecutive to the prison term he is already serving.
McGinley was sentenced to three years in prison for the assault on Mr Doheny, with that to run consecutive to the others. McGinley was also before the court in relation to a summary offence, the possession of a wooden fence post, and he was sentenced to four months in prison on that charge with it to also run consecutively.
Noting that he had to have regard to the totality principle and in an attempt to incentivise rehab, Judge Aylmer said he would suspend the three-year prison sentence for a period of three years post release on McGinley entering a bond in the sum of €100 to keep the peace and be of good behaviour. McGinley must also abstain completely from alcohol and unprescribed drugs during that time and is to go under the supervision of the Probation Service for 24 months after his incarceration.
McGinley was ordered to attend any residential treatment programmes that may be made available.
Judge Aylmer said that credit should be given for any time spent in custody on these matters.