Carpenter who bit a garda, assaulted another garda and two other men is jailed for 18 months 

By Natasha Reid and Eimear Dodd 

A carpenter who bit a garda, assaulted another garda and two other men while intoxicated, has been jailed for 18 months. 

Dublin Circuit Criminal Court previously heard that Nathan McCarthy (25) of Lower Kimmage Road, Terenure, Co. Dublin was foaming at the mouth when assaulting one of the officers. 

The gardai had been called when he attacked two men eating a takeaway in their car in South Dublin, after he had been refused food by a takeaway restaurant. 

McCarthy had pleaded guilty to six charges, including three assaults causing harm, one ordinary assault, one criminal damage, and one unauthorised taking of a car.

They all arose out of an incident on November 1, 2023 at Ballymount Lower in Walkinstown. 

Imposing sentence yesterday, Judge Martin Nolan noted McCarthy was intoxicated on the night and had behaved in a “disgraceful way”. 

The judge said it was “serious misbehaviour to attack four people in the way he did” and to cause criminal damage as he did was a “serious matter”. 

“People are responsible for their own actions, intoxication is no excuse,”  Judge Nolan said. 

Having considered McCarthy’s personal circumstances and the mitigation, the judge imposed a three-year sentence, with the final 18 months suspended on strict conditions to encourage rehabilitation. 

Judge Nolan said McCarthy was a “young man” with a future, but a person “can’t behave in the way he has and not undergo a custodial term”. 

The judge noted that McCarthy acknowledged he was intoxicated and said he had no recollection of events.

However, Judge Nolan said McCarthy was still responsible for his actions. 

“If you render yourself so intoxicated you commit crime, you must pay a price for that crime,” Judge Nolan said. 

The court previously heard that McCarthy had entered Hillbillies Takeaway shortly before it was due to close at 10pm.  

He repeatedly shouted at the manager: ‘Where’s my food?’, became aggressive and punched the counter. 

He was told that he hadn’t ordered any food and that gardai would be called if he didn’t leave. 

He then grabbed the card machine and pulled the screen of the till from its wires.

He banged it a few times before throwing it and smashing a glass lampshade, which prevented it hitting the manager. 

McCarthy then left the takeaway and approached two men sitting in a parked car, having their takeaway.

He aggressively asked them where they were from, said he had a knife and that he would kill them if they didn’t get out of the car. 

They tried to close the door, however, he lunged in and began choking one of the men, who became lightheaded but managed to get out. 

They managed to lock him in the car, during which time he moved it slightly by letting off the handbrake.

He caused €1,500 worth of damage to the interior and a window; the court saw CCTV footage of him smashing the driver’s window with his feet and climbing out. 

He then ran straight at one of the men, who tried to flee, but tripped.

McCarthy began kicking him on the ground and choked him again. He also threw punches at the other man before gardai arrived. 

One of the gardai gave chase, and McCarthy punched him three times to the head.

He continued to lash out, even after the garda withdrew his baton and struck him with it. 

The second garda arrived and withdrew his incapacitant spray.

Warning him and deploying the spray had no effect on him, and gardai observed that he had white froth coming from his mouth. 

He then bit one of the officers in the forearm, drawing blood. 

He was arrested, and when eventually fit to be interviewed, he claimed no recollection, saying he had drunk two bottles of wine. 

He was shown CCTV footage and commented: “It’s f***ing not on, I shouldn’t have done it.” 

The court heard that he had 21 previous convictions for road traffic matters, and none for violence. 

The garda who sustained the bite received booster injections for infectious diseases. 

McCarthy’s barrister said that there was no particular motivation for the attack, that he seemed to have snapped. 

“He didn’t get his food,” remarked Judge Martin Nolan. 

His barrister suggested that a confluence of factors ran up to this incident, and handed in a letter of apology from him.

A letter from his grandmother, who had raised him, set out that it was out of character for him. 

The court heard that he had €20,000 drug debt at the time.

His barrister said that he’d had a breakdown of sorts, but he is currently in full-time employment and has cleared his drug debt. 

He brought €200 in compensation to court as a small token of remorse.