Man who pointed double barrel shot gun directly at unarmed gardaí is jailed 

By Sonya McLean 

A man who pointed a double barrel shot gun at uniformed unarmed gardaí causing the officers to have “genuine concerns for their lives” has been jailed for four years. 

Michael Donoghue (21) Stocking Hill, Stocking Lane, Rathfarnham, Dublin pleaded guilty at Dublin Circuit Criminal Court to possession of a firearm and making threats to kill at his home on December 20, 2023. 

He has 12 previous convictions, mainly for theft and fraud and public order offences. 

At a hearing earlier this month, Garda Michael Fox read his victim impact statement into the record. 

He said when he was staring directly at “two black barrels of a shot gun” the only thought in his head was that his mother would never get over his death. 

“I fully believed that I was going to be killed. Killed for doing my job, killed for going to help members of the public,” Gda Fox said before he added that he was simply doing his job and responding to a call from members of the public. 

Three gardaí read their victim impact statements into the record describing that while they appreciated their job as a garda was an occupation that came with risk, they never expected to be placed in such fear. 

They described watching Donoghue as he approached the vehicle and “waiting for gun to go off”, “waiting to be shot”. 

One garda, who was only six weeks into his career at the time, said his “life flashed before his eyes”. 

It was accepted by defence counsel Michael Hourigan SC that while it was later discovered that the shot gun was not loaded, the gardaí that day would not have been aware of that. 

He acknowledged that gardaí were not in a position to know that their lives were not in danger. 

Judge Orla Crowe said yesterday that this was “a deeply serious matter” and that the officers had “genuine concerns for their lives”. 

“Gardaí had been called in to assist and they were obliged to investigate,” she said before she added that Donoghue pointed the gun directly at the officers. 

The judge said it was clear they were gardaí as they were in uniform and sitting in a marked patrol car. 

She acknowledged that Donoghue had “significant medical difficulties that led to significant drug difficulties” but said while this gives a reason for his offending it is not an excuse. 

Judge Crowe acknowledged that Donoghue has expressed a genuine apology, has been doing well in prison and has a loving and supportive family.

He had provided urine analysis which demonstrated that he is now drug-free. 

The judge noted that the maximum penalty available to the court, because the “legislature consider it so serious” is 14 years. 

She said the offence also carries a mandatory minimum term of five years unless there are exceptional circumstances in the case which would make the imposition of such a sentence unjustified. 

Judge Crowe set a headline sentence of eight years before she imposed a term of five years. 

She noted that Donoghue has been working on his rehabilitation in prison and suspended the final 12 months of the term. Donoghue must keep the peace and be of good behaviour for two years and engage with the Probation Service for 12 months. 

Judge Crowe said the gardaí had come to Stocking Hill that day at the “behest of someone in that location”. 

She said the gardaí were doing “their lawful duty on behalf of all the people of Ireland” and they were not to know that the weapon was not loaded. 

Garda Thomas Kinsella told Aoife O’Leary BL, prosecuting at the earlier hearing, that officers arrived at Stocking Hill following a call in relation to a disturbance there. 

He was the driver of the patrol car and he and his colleagues were in uniform and unarmed.

When they arrived at the halting site at 12.40am everything was quiet so he drove to a cul-de-sac and turned the patrol car. 

Donoghue was then spotted approaching the patrol car and pointing a shot gun at the vehicle.

He was in an agitated and aggressive state. 

Gda Kinsella said he had genuine concerns that Donoghue intended to shoot at him and his colleagues.

He reversed the patrol car in an attempt to get away. Donoghue continued to approach the car, pointing the weapon at the officers inside. 

He then ran to the back of the halting site and thew the gun over a wall. 

Gda Kinsella said a call was made for back up and two of his colleagues ran to retrieve the gun. 

Donoghue then ran off into a caravan before he re-appeared carrying a black steel three foot long crowbar. 

He threatened gardaí that he would strike them if they approached him and called the officers “pigs and rats”. 

Donoghue retreated into another building beside one of the caravans and refused to come out.

He was ultimately arrested, after back up arrived and was later detained for questioning.

Nothing came out of those interviews and he has been on remand in custody since. 

The shotgun was retrieved and it was discovered that it was not loaded.

It was a 12 gauge double barrel shotgun and was later deemed, following a subsequent ballistic examination, to be in fair condition. 

Gda Kinsella accepted a suggestion from Mr Hourigan that his client is genuinely remorseful for his actions that night and has written a letter of apology. 

Mr Hourigan said his client has a condition which has limited his growth. He said he started abusing drugs as a young teenager after being the victim of bullying.  

Counsel said his client has suffered from acute depression for a very long period of time and “first exhibited suicidal ideation at the age of ten years old”. 

Mr Hourigan said his client’s condition has had “a profound impact on how he viewed himself”.

He said he was “very much a solitary child” and only found comrades when he fell into the company of other addicts. 

Counsel handed in letters from Donoghue’s mother and brother and said he is from a loving and supportive family. He has been doing well in prison and is not due for release until July next year on a separate offence. 

Gda Fox said in his victim impact statement that when they arrived at Stocking Hill, his colleague turned the patrol car in an cul-de-sac.

He looked out his window and Donoghue appeared holding the firearm on his shoulder and pointing it directly at the patrol car. 

Gda Fox said he felt they were “trapped with nowhere to go”. Donoghue walked around the side of the patrol car. 

“I turned my head and I was staring directly at two black barrels of a shot gun…..I was trapped, unarmed and defenceless.

“The only thought in my head was that my mother would never get over my death,” Gda Fox before he added that he sat waiting then to be shot by Donoghue. 

He said that night will stay with him for the rest of his life.

On his way home later he had to pull his car over and he “cried continuously for 15 minutes straight because of the fear”. 

Gda Fox said he cried again the next morning and he had to abandon his Christmas shopping that day because he suffered a panic attack.

He has since attended his GP and has been treated with medication and has been attending counselling sessions. 

He said he will never forgive Donoghue for the stress and turmoil he has put him and his colleagues through. 

Gda Kinsella read his victim impact statement in which he said he was “trained to deal with all kinds of situation” but this kind of situation is one in which he never expected to find himself in. 

He said during the incident he had “profound sense of vulnerability for my safety and that of my colleagues”. 

He said he felt a sense of responsibility for his colleagues’ safety as he was the driver of the car. 

Gda Kinsella described watching Donoghue as he continued to walk towards the patrol car while aiming the shot gun at them.

“I never felt so helpless and trapped. I was just waiting for the gun to go off”. 

He said the incident has had “a lasting effect both professionally and personally” and that he understood that this would have been a risk in his job but one he never expected to have to face. 

He said his “sense of safety” was shaken and he has suffered post-traumatic stress with trouble sleeping. 

Gda Kinsella said it has also impacted his family who are more worried about the dangers he and his colleagues face on a daily basis. 

Garda Scott Oates said in his victim impact statement that he was only six weeks into his career at the time.

He said his “life flashed before his eyes” and he felt completely helpless. 

“It is etched in my memory and it is something I will have to live with for the rest of my life,” he continued.  

He now finds himself distant with his partner and his family as he doesn’t want them to worry. 

Gda Oates said the flashbacks and nightmares he experiences include an image of Donoghue “pulling the trigger”. 

“I feel this will affect the rest of my career. It has negatively impacted my life in ways that I could never have imagined,” Gda Oates said.