By Claire Henry
A Circuit Court Judge and senior defence barrister have commended gardaí for their bravery and fast-thinking when dealing with a fifty-two-year-old man who brandished an imitation firearm outside his home.
Dublin Circuit Criminal Court heard David Mullen (52) of Pigeon House Road, Ringsend, Dublin 4, pleaded guilty to possession of an imitation firearm on May 8, 2022, at the above address.
He has two previous convictions, with the most recent conviction dating back to 1992.
Passing sentence today, Judge Martina Baxter said that after a very short standoff, Mullen was arrested.
She said, “It was a highly tense and serious incident due to the accused’s use of poly-intoxicants.”
Judge Baxter took into account that Mullen is the sole carer for his mother, along with the handwritten letter from his mother speaking of their close bond.
The judge said the likeness of the air pistol to a Glock was an aggravating factor, as well as the location of the offence, which was a residential estate on a summer evening.
She also noted the danger of having this weapon and brandishing it in a public area.
She said gardaí had to take special precautions and that this incident wasted valuable resources, all of which were aggravating factors.
Judge Baxter set a headline sentence of two and a half years and placed it in the mid-range of offences.
She said mitigating factors included Mullen’s guilty plea, his remorse, shame and cooperation with gardaí.
The judge also noted Mullen’s medical history and the fact that he is a vital cog in the family as his mother’s carer.
Judge Baxter sentenced Mullen to fifteen months in prison and suspended it in full for fifteen months under strict conditions.
Mullen was ordered remain under the supervision of the probation services for one year and abide by their directions, including random urine analysis and addiction counselling.
He must also keep the peace and be of good behaviour.
Judge Baxter thanked and commended the gardaí for their fast action and said they had done “the right thing” in evacuating houses after seeing Mullen holding the air pistol.
Garda Michael Golden told Tessa White, BL, prosecuting, that gardaí responded to a call at Pidgeon House Road at 9 pm on the date in question.
On arrival at the house, gardaí immediately evacuated the surrounding property and requested urgent armed assistance.
Gda Golden said they heard screaming coming from the property, and Mullen was seen standing on the road outside the house holding a black object that looked like a firearm.
Mullen was incoherent and shouting, “F*** you!”
The court heard that gardaí told Mullen to drop the weapon and he eventually released the magazine and dropped it at his feet.
He then dropped the gun to the ground.
The garda began to advance on Mullen and when they were approximately fifteen meters away, he attempted to pick the gun up again. He was then arrested.
The gun was seized and sent to the Ballistic Technical Bureau for analysis.
It was identified as a 6mm green gas-operated air pistol, which is very similar to a Glock semi-automatic gun.
The air pistol was handed into the court with Judge Baxter remarking, “It is very heavy.”
Gda Golden told the court that Mullen was brought to Irishtown Garda Station but was unable to be interviewed until the following morning due to his intoxication.
Mullen told gardaí that he had drank a bottle of whiskey and had taken Valium and the rest was a blank.
He said he had the gun for about two years.
He was charged and spent three weeks in Cloverhill prison before being granted bail.
The court heard that Mullen is his 93-year-old’s mother’s carer.
Ronan Kennedy, SC defending, began by complimenting Gda Golden and his colleagues on their quick thinking and actions on the day in question.
Gda Golden agreed with Mr Kennedy SC, defending, that once Mullen was arrested, it was evident that he was intoxicated.
He also agreed that Mullen was arrested within ten minutes of gardaí arriving at the scene.
The garda agreed with counsel that his client was so intoxicated at the garda station that he was unable to be interviewed the following day.
He agreed that when Mullen had sobered up the following day, he was a different man and was remorseful.
Mr Kennedy said that his client told gardaí that on the day in question, he got up as normal and drank a bottle of whiskey.
He told gardaí that he was an alcoholic and drank a bottle of whiskey every day and that he hid this from his family.
He said that on the day in question, he decided to tell his family.
The court heard that Mullen had frightened his mother, sister, and brother-in-law.
They had concerns for his mental health, and as a result, they called the gardaí.
Counsel said during his garda interview that his client did not wish to have a solicitor present even though the gardai had advised him to do so.
He said his client made admissions and was deeply remorseful for his actions and the wasting of garda resources.
He said that, sadly, on the day in question, his client had consumed whiskey and Valium and was not in his right mind.
He said, “he did not wish to harm anyone, and if he could turn back time, he would, but he can’t do that, so he has pleaded guilty”.
Mr Kennedy said that in the aftermath of the incident, his client was ordered to stay away from the family home where his mother lives, and he found this very difficult.
Counsel said his client described the day he was allowed to return home as “the best day of his life”.
He asked the court to take into account that this incident was out of character for his client, his lack of relevant previous convictions, his addictions and the role which he plays in his mother’s life and his guilty plea.