By Eimear Dodd
A man has been jailed for his role in the discharge of a firearm in Dublin two years ago.
Josh McEnroe (24) of Cathedral View Walk, Dublin 8 pleaded guilty at Dublin Circuit Criminal Court to aiding and abetting another person in possession of a firearm for an unlawful purpose on November 15, 2022 at Mercer House, Mercer Street, Dublin 2.
Detective Garda Robert Mahoney told Aoife McNickle BL, prosecuting, that McEnroe’s two co-accused have already been sentenced for their involvement in the incident.
Brandon Kelly (21) of Lourdes Road, Maryland, Dublin 8 pleaded guilty to having possession of a firearm and ammunition for an unlawful purpose on the same date and was handed a global seven-year sentence in October 2023.
Jamie Byrne (28) of Oliver Bond House, Dublin 8, pleaded to one count of aiding and abetting another person in the reckless discharge of a firearm on the same date. He was jailed for 27 months in October 2023.
Det Gda Mahoney said gardai received reports of gunshots at Mercer House and found one spent bullet casing and one live round at the scene.
CCTV footage showed McEnroe (then 21) leave Mercer House around 4.35pm holding a distinctive black jacket. There was a verbal interaction between McEnroe and another group of men, which included a juvenile boy.
During this incident, McEnroe threw a punch at the boy, dropping the jacket in the process. The boy got off his bike and chased McEnroe, who left the area. The boy then picked up the black jacket and went into the Mercer House complex.
About 10 minutes later, McEnroe met Kelly and Byrne. These two men left the area on a motorbike driven by Byrne. When they returned, Kelly – who was the passenger on the motorbike – appeared to be carrying a firearm.
Evidence was heard that McEnroe, Kelly and Byrne met up again at ground level outside Mercer House, where the boy was on an upper floor balcony.
At this point, Kelly discharged a firearm. The court was told that it is believed two shots were fired.
CCTV footage showed McEnroe appearing to gesture towards the boy. The firearm then appeared to jam and the jacket was thrown down from the balcony of an apartment. The three men then left the complex.
McEnroe was identified from CCTV and the black jacket was among items seized when his home was searched on November 15, 2022.
He was arrested a week later and during interview, said he had no knowledge of the gun until he heard the shot.
McEnroe has 48 previous convictions including for road traffic, drugs and public order offences.
Under cross-examination, Det Gda Mahoney accepted that McEnroe was assaulted and his jacket taken before this incident occurred.
It was further agreed that Byrne and Kelly left the complex together, before returning.
Seamus Clarke SC, defending, put it to the witness that there was no evidence his client knew the other co-accused had left to get a gun. “I don’t know”, Det Gda Mahoney replied.
The garda agreed no one was injured and no complaint was made to gardai about the incident
Several testimonials and a letter of apology were handed to the court.
Mr Clarke said his client apologises in his letter, describing himself as a “stupid young boy doing stupid things”.
He said the testimonials state McEnroe is now drug-free and is working part-time. He said McEnroe has “turned his life around” and has “largely stayed out of trouble” since this incident.
Mr Clarke submitted that his client’s culpability is lower than Kelly, who discharged the firearm, and there is no evidence his client knew in advance what was going to happen.
He asked the court for leniency, noting McEnroe’s youth at the time, and submitted it was a “misjudged” reaction to the earlier interaction.
Judge Martin Nolan said the court thought McEnroe’s culpability was “in the middle” of the two co-accused and towards the lower end. Having considered the mitigation, he imposed a 32-month sentence.