Graffiti artist who pepper sprayed train driver avoids jail

By Eimear Dodd and Isabel Hayes

A graffiti artist who caused over €60,000 worth of damage to train carriages and who pepper-sprayed an Irish Rail train driver has been given a four-year suspended sentence.

Sentencing Sean Cullen (22), also known as Cullen-Wilson, Judge Martin Nolan said Cullen may have thought he was “some form of artist” and “probably thought it was great fun”, but that Irish Rail had to spend a lot of money and resources cleaning the carriages he had graffitied.

Cullen, of Hope Avenue, East Wall, Dublin 3, pleaded guilty at Dublin Circuit Criminal Court to two counts of criminal damage and one of assault under Section 2 of the Non-Fatal Offences Against the Person Act 1997, known as common assault.

He was taken into custody following a sentence hearing earlier this week, with Judge Nolan saying he did so in order to warn him that this was his future if he misbehaved again. “I hope he has learned his lesson from his time in custody,” the judge said.

The judge noted that Cullen may look like “butter wouldn’t melt in his mouth”, but that he got up to a “lot of mischief”. The court heard Cullen caused €60,914 worth of damage and that Irish Rail has indicated further costs of €40,000 for these incidents alone.

Judge Nolan accepted that Cullen is remorseful for his actions and is now working as an apprentice electrician. He has not re-offended since his arrest and had a sum of €2000 in court for the victim he assaulted. 

The judge imposed a sentence of four years, but suspended it in full on several conditions. He warned Cullen that he would go to jail if he reoffended.

At the sentence hearing this week, an investigating garda told Marc Thompson BL, prosecuting, that Irish Rail contacted gardai after an incident at the Fairview DART Depot on September 25, 2021.

An Irish Rail train driver noticed two men at the depot who were acting suspiciously and recognised that they did not work there.

He approached them and grabbed Cullen. There was then a physical altercation during which the injured party was pepper-sprayed by Cullen. 

The court heard there was a struggle between the train driver and Cullen, during which the second man intervened.

There was graffiti on the exterior of the carriages. Cullen and his co-accused, who is not before the court, fled the scene.

The train driver was pepper-sprayed on the left side of his face, and sustained a swollen face during the incident.

He also complained of pain and an injury to his back when gardai arrived. He was out of work for a period but has since made a full recovery and returned to his role. He provided a victim impact statement, but it was not read into the record.

Several incidents involving criminal damage by graffiti to train carriages were outlined to the court, with photos handed in. Others besides Cullen were also involved in some of these incidents, the court heard.

At the Docklands Train Station on February 21, 2020, the exterior of train carriages were sprayed with silver and black spray paint. Damage was also caused to the carriage’s interiors with ‘SD’ written using a marker.

Another incident also took place at Connolly Station on November 22, 2021. 

On June 6, 2020, the exterior of an equipment signal container at Merrion Gates, Merrion Road, was also spray-painted.

Cullen was identified from CCTV, and his home was searched in May 2022. During this search, spray cans and other items were found.

He was arrested and questioned about these incidents, but nothing of evidential value was obtained.

Cullen’s fingerprints were identified on certain items by forensic analysis.

He has one previous conviction for damaging property.

Karl Monaghan BL, defending, put it to the investigating garda that the second man  “administered thumps” to the injured party.

Seven references and an award Cullen received from a garda initiative were handed to the court.

Cullen also had €2,000 in court as a token of remorse.

Mr Monaghan said this was an “unfortunate series of offending” which has had serious consequences for Irish Rail.

He said his client has no “real explanation”, adding that Cullen instructed he became “fascinated” by graffiti in the East Wall area and was aware of a 1970s art movement in New York, in which some street artists spray-painted trains.

Counsel said his client knows his acts were criminal, wrong and accepts full responsibility.

He said Cullen “never gave any significant thought” to the cost of his actions, and “never imagined” it would be so high.

A letter of apology from Cullen was also read to the court in which he said he is “very regretful” for his actions, never intended any harm and has not done any graffiti since then.

Cullen said he has tried to change his life for the benefit of himself, his family, and his community, adding that he would like to assist Irish Rail in avoiding similar incidents in the future.

Cullen has a good work history, is an apprentice electrician, but is not a man of means, counsel said.

Mr Monaghan said the number of incidents are aggravating but asked the court to consider ordering a probation report and directing his client to be assessed for community service.