Wheel brace assault resulted in broken cheekbone, jaw and nose
A Letterkenny man, who struck a man in the face with a wheel brace inflicting a number of injuries including a broken cheek bone, broken nose, broken jaw, with the victim also suffering the loss of eight teeth, has been remanded in custody to await sentencing at Letterkenny Circuit Court.
Shane Hunter of Ballyboe, Glencar, pleaded guility to the charge of assault on Enda Bonner at Knocknamona on January 29th, 2006.
The victim told Tuesday’s sitting of the court that he had been hospitalised for over a week as a result of the blow, having undergone surgery so that fragments of his teeth could be removed. His jaw had been wired shut and he was forced to drink liquid through a straw for a period of between two to three months.
He told Judge John O’Hagan that he had a denture plate in and intended to have implants.
Giving evidence, Garda Kevin Lynch said he had been on mobile patrol in Letterkenny at around 3.20.a.m. on the morning in question when he observed a car travelling at high speed on the De Valera Road. The car pulled in at a house in Glencar and the driver got out and ran into the house.
When the Garda called he was met by the mother of the man and he enquired where the latter had gone. When he spoke with Hunter he was in an “agitated state”. The accused informed him that he had been involved in an incident near the Donegal Hospice. A person had been assaulted and he, Hunter, had fled the scene.
Garda Lynch drove to the scene and discovered fresh blood on the roadway. He then went to the Accident & Emergency department at Letterkenny General Hospital where he spoke with the girlfriend and the mother of the injured party.
Some time later, Mr. Bonner of Carolina Park, Letterkenny had given a statement where he related how he had been travelling from Convoy to Letterkenny in the company of his girlfriend when a blue Honda Civic, driven by Hunter who he knew, started stopping and braking in front of him. He attempted to pass out on a number of occasions.
Later at around 3.a.m., Mr. Bonner and his girlfriend left a nightclub and were in their car when once again the Honda Civic came up behind them. “He pulled in in front of them and engaged in the same type of antics,” the Garda told the court.
The couple had flashed their lights at the accused and eventually, just outside Letterkenny, stopped and pulled in. Hunter’s own car stopped and he got out and Mr. Bonner and himself walked towards each other. Mr. Bonner saw an implement in Hunter’s hand which turned out to be an extendible wheel brace. He struck Mr. Bonner a blow across the face and the victim had “blacked out” for between ten to fifteen seconds.
The medical report showed that the victim had suffered a broken cheek bone, a broken nose, broken jaw and had lost eight teeth. He also had lacerations on the lip and bruising on his chest. The wheel brace had not been recovered, stated Garda Lynch.
Hunter had subsequently made a statement in the presence of his mother in which he stated he was travelling along with a friend, Thomas Collier, on the night of the incident when he observed a car pulling up tight behind him. He had continued on out past Aldi and up by Gortlee and discovered the car still following him and then pulling out in front of him.
The accused had driven past the Donegal Hospice building at Knocknamona when he saw a man standing on the road. When he, Hunter, got out of his own vehicle, he said that Mr. Bonner had made a “swing for me”. Hunter had an extendible wheel brace and struck out, hitting Mr. Bonner on the side of the jaw. He had then driven to his house. “I was terrified,” he said.
He had later received a text message which indicated that the “boys would be after me.”
Garda Lynch said there had been no history of bad blood between the parties.Mr. Bonner’s girlfriend had observed Hunter strike him and had taken him to the casualty department at the nearby hospital.
The accused was now 21 years of age and his family had been “very distressed” as a result of the incident. The Gardai had received total cooperation from the accused’s mother.
Hunter had left the jurisdiction to go to work in the United States but had returned on the advice of his mother.
In his statement read out at this week’s court, Thomas Collier, gave evidence of seeing Mr. Bonner attempt to hit the accuse and miss. He said there was a girl in the front seat of Mr. Bonner’s car and “two boys” in the back at the time of the incident.
Garda Lynch agreed with defence counsel, Damian Crawford, B.L., that his client had returned from the States to deal with the case.
Mr. Bonner offered evidence of his injuries and said he hoped to have implants put in to replace his teeth. He was currently unemployed but was undertaking an electronics course in Derry.
Mr. Crawford revealed that a sum of 5,000 euro was in court as part compensation.
Asked by Judge O’Hagan what he wanted to happen now, Mr. Bonner said: “I just want it over and done with.” Further asked if he felt a prison term was what should be imposed, the victim responded: “It’s up to you.” He said there had been no effort to apologise on behalf of the accused.
Taking the witness stand, the accused said he was “deeply sorry” for the assault on Mr. Bonner and said he could offer further compensation if required. He had secured employment in the United States and his boss had said the job would be open for him when he returned.
The accused’s mother, Celine Hunter said he had been on very good behaviour generally and had matured. The family had felt terrible after the incident.
Addressing the Judge, Mr. Crawford said his client had come home from the States to “face the music” and a probation report on him had been quite supportive.
Judge O’Hagan said the accused was “extremely lucky” not to be facing a charge of assault under the “non-fatal offences for which the maximum sentence was five years imprisonment.
Describing the offence as “absolutely appalling”, he said the victim had spent time in hospital and had to literally drink out of a straw.
He remanded Hunter in custody until Friday week 12th to give him time to consider an appropriate sentence.
In the meantime, Judge O’Hagan suggested Mr. Bonner should apply to the Criminal Insurance Board and should accept the 5,000 euro compensation on offer.
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