Tipperary man smashed property in shop and walked towards garda holding axe over his head, Circuit Court told 

A 22-year-old man damaged property at a Killenaule shop with an axe and walked towards a garda holding it  over his head before dropping it to the ground at the officer’s feet, Clonmel Circuit Court was told. 

Dylan Thompson formerly of 3 Cashel Road, Killenaule but now living in Fethard received an additional nine months suspended jail sentence at the court’s latest session for possessing an axe  at Centra, Main Street, Killenaule on April 16 this year.  

The court marked the criminal damage offence he committed at the shop on the same day  proven and taken into account in the sentence. He pleaded guilty to both offences. 

The nine months sentence has been added to an 18 months suspended jail term Mr Thompson previously received at Clonmel Circuit Court in relation to another criminal damage incident at the same shop. 

Sgt Brendan Franklin gave evidence that at approximately 5pm on April 16, Garda Ian Browne in Killenaule received a report that a man with an axe was causing damage at the Centra Store at Main Street, Killenaule. Garda Browne went to the shop and saw Dylan Thompson breaking drink bottles with the axe.

  Mr Thompson was known to the garda, who was aware that the defendant was barred from the store at the time. There were customers in the shop at the time.  Mr Thompson made his way to the garda. He had drink in his hand and threw it on the ground. 

The garda requested Mr Thompson to drop the axe but he continued to walk towards him and held the axe over his head. 

He was six to seven metres away from the garda when he lowered the axe and put it on the ground at Garda Browne’s feet. 

He was arrested and brought to the garda station and admitted to the Department of Psychiatry at St Luke’s General Hospital in Kilkenny where he remained until April 18. 

Sgt Franklin said on April 22, Mr Thompson was arrested at his home by Garda Browne, brought to Templemore Garda Station and questioned. 

He told gardaí he went to Centra with the intention of getting into trouble. He couldn’t explain his actions. “I don’t know why I do a lot of things,” he told gardaí. 

Sgt Franklin said the defendant co-operated with gardaí. He lived with his parents at the time and spent quite a lot of time in his bedroom. 

Mr Thompson had previous convictions for causing criminal damage, possessing an article in the course of a dispute and assault at the same shop for which he received an 18 months suspended prison sentence. 

Responding to defence barrister Padraig de Burca, the sergeant said he accepted this incident wouldn’t have occurred if Mr Thompson had been taking his medication. 

Mr Burca told the court Mr Thompson had no obvious grievance with the Centra store and its staff; the shop just happened to be there and if he wanted to get arrested he went there. Compensation for the damage caused in the shop was paid. 

Mr de Burca explained that his client had “complex psychiatric issues” and was diagnosed with Asperger’s Syndrome, ADHD and Conduct disorder. 

He left school at 15/16 years of age and played computer games that kept him up at night while he slept all day. He was a very fragile and isolated man who had poor anger management skills. 

During periods when he didn’t comply with taking his medication, he became frustrated and acted out.

 His behaviour improved greatly when he took his medication. 

“In order to reduce his risk of re-offending, he needs to adhere to medication requirements and attend an anger management programme. 

“He needs to become involved in a more positive and constructive schedule such as training and employment,” Mr de Burca suggested.  

The barrister pointed out that his client’s behaviour had a considerable adverse impact on his family who have tried to do their utmost for him. He acknowledged the court gave Mr Thompson a chance previously and he appealed to Judge Patrick Meghen to give him one more chance. 

He pointed out his client had been remanded in custody since April. 

“He understands that he must take responsibility for his own actions. His pharmacist has undertaken to monitor his intake of medication. 

“I would ask the court in lieu of a custodial sentence to impose a community service order.” 

Mr de Burca added that the defendant’s aunt has agreed to take Mr Thompson under her wing. 

He read to the court a letter of apology Mr Thompson wrote in prison. In it, the defendant outlined that he had a lot of time to think of all the people’s lives he had affected including his friends and family. 

“I lost control of my emotions and myself and I now realise I need to take medication. I will be making sure to take all steps possible to make sure this will be the last time I break the law. I am sorry.” 

Mr Thompson also went into the witness box and told the court his aunt in Fethard was willing to take him in which would take him away from the area of the incidents. 

He now realised that taking his medication wasn’t optional. “It has to be taken to stop me from damaging anything or hurting anyone or upsetting anyone or breaking the law.”

He added that it was 100 per cent his fault for not taking his medication. It was his responsibility to take it and it was something he would have to work on and improve. 

Judge  Meghan said the first aggravating factor in this case was the aggression Mr Thompson showed to Garda Browne, who believed the axe was going to be used. The second was the defendant’s prior conviction in relation to the same premises only a relatively short time before this incident. 

He increased the 18 months suspended jail sentence the Circuit Court imposed for the previous incident at Centra in Killenaule by nine months bringing  the jail term to  two years and three months suspended.  

He suspended the sentence on condition Mr Thompson maintain regular contact with the Probation Service, attend the Ability Programme and any programme recommended to him, engage with an anger management programme, take his medication and abstain from consuming alcohol.   He also directed that Mr Thompson stay away from Centra in Killenaule. The judge warned Mr Thompson the sentence will be imposed on him if he committed a further offence.