Jail sentences for three men who engaged in early morning attack on another man in the Midlands

Three men who participated in a violent attack on a man outside his home in the early hours of the morning will reflect on their actions in a prison cell.

Patrick Donohoe (28) of Ross Na Cun, Ballinacarrigy, Westmeath, William Donohoe (26) 8 St Mary's Street, Granard and Jason Small (32) 42 Templemichael Terrace, Longford, Longford all pleaded guilty at Longford Circuit Court to assault causing harm at Beechwood Park, Granard on March 25, 2019.

Prosecution witness Garda Shane Lohan told Judge Keenan Johnson of the events of the 2019 Monday morning. At 1:45am officers responded to a call about an assault on a male in the Granard estate.

Jody Baxter described the attack on her partner, Edward Ned Stokes, outside their house. The caller outlined details of a “commotion” outside their house where Edward Stokes was set upon by three men.

Two of the attackers, Patrick Donohue and William Donohue, had been drinking in the Harpers Lodge public house in the north Longford town earlier in the day. There was an incident in which Edward Stokes and one of the accused got into an altercation in the bar.

The Donohue brothers were ejected from the pub and in the wake of this dispute Patrick Donohue said to Edward Stokes: “You will not sleep in your house tonight, I promise you that.”

Sometime later Mr Stokes returned home and hearing a noises outside his property went to investigate. He looked out and saw a male running towards the window of a room in which his 21 month old child was sleeping.

Mr Stokes ran out and confronted three men. Two of the men were wearing hooded tops, but the homeowner identified them as the brothers he rowed with in the public house earlier. The third man was identified as Jason Small.

Patrick Donohoe had an implement in his hand, believed to be the handle of a shovel. He hit Mr Stokes with it and the victim tumbled to the road. In interview the attacked man recounted to Gardaí his recollection of the incident.

He said he felt he was “in trouble” at this stage, describing being repeatedly hit in the body and head. The victim was left “black from head to toe”, with “blood coming out of his head”.

Ms Baxter was “roaring” at the men to stop and they ran to a Volkswagen Passat and fled the scene. Mr Stokes staggered to the house as Gardaí and emergency services were called.

The victim was brought to Mullingar hospital by his father, from there he was transferred to Tullamore Hospital.

The medical examination revealed a broken left arm and a sprained right wrist. Mr Stokes required 60 stitches and glue to the six different cuts on his body. It was initially thought he had a broken vertebrae, however this was not included in the medical report.

The court was told the victim's scarring was not visible, but other injuries were. A neighbour of Mr Stokes and Ms Baxter, Leona Leahey, had tried to intervene in the attack and was also injured in the same incident.

Ms Leahey got hit on the arm by the pole Patrick Donohue was wielding and was shoved to the ground. Her witness statement described the chaos of the morning: “I saw two males wearing hooded tops, hitting Edward Stokes. I could hear Jody screaming.”

Ms Leahey spoke of seeing Jason Small wearing a white puffer jacket, stating he was wearing the same jacket in the pub earlier that evening.

When the Gardaí attended at the scene they spoke to Jody Baxter, preserved the scene, then patrolled the area. At Farrell's Terrace they saw a VW Passat similar to the one described by witnesses. The officers seized the vehicle and preserved it for technical examination.

That examination uncovered blood in the vehicle linked with the accused, the investigation also revealed that the vehicle was recently purchased by one of the accused.

Garda Lohan said efforts to get a victim impact statement from Mr Stokes were unsuccessful as he would not engage with Gardai. The court was told the victim is now outside the jurisdiction, and his absence is “relevant to another matter before the courts”.

In her victim impact statement Ms Leahey said she missed out on a week of work, she sustained soft tissue damage and swelling bruising. Garda Lohan said there was no CCTV footage of the attack or from the public house earlier in the evening.

In his interview Patrick Donohoe initially denied his involvement. Later he said he consumed a large amount of alcohol, 15 pints and one shot of whiskey, and had also taken cocaine. He made an allegation that the victim had assaulted him earlier in the evening in the Harpers Lodge.

William Donohoe also initially denied any involvement in the attack on Mr Stokes, saying: “It wasn't me, I know I wasn't there. I know nothing about it.”

In his interview Jason Small said: “I don't know anything about it, I wasn't there. You are not going to threaten me, I'm not afraid of court, I can't believe this.”

Judge Johnson was told Patrick Donohoe had 39 previous convictions; including public order, road traffic, possession of knives, and an assault. William Donohoe's 32 previous convictions included road traffic offences, theft, handling stolen property, public order and possession of knives.

Jason Small had no relevant previous convictions. The court was told there was “some history” between Edward Stokes and the Donohoe family over an incident with a horse. Garda Lohan told the court both sides made allegations about a fight earlier in the evening.

Counsel for Patrick Donohoe, Dara Foynes SC, said her client composed a letter of apology to the victims of the assaults. Counsel said the older Donohoe brother is illiterate and dictated the letter to his mother.

William Donohoe's legal representative, Niall Flynn BL, told the court his client's girlfriend recently has a baby daughter. Mr Flynn said the assault arose as a result of an “escalation of matters” on the night.

Barrister Kieran Collins BL spoke of Jason Small's alcohol dependency. Mr Collins pointed out that his client's only previous convictions were for road traffic and theft offences, and has not come to Garda attention since.

Summing up matters Judge Johnson said following the row in the pub earlier in the evening Patrick and William Donohoe “cobbled a plot together” to go to Edward Stokes' residence.

The judge said the assault was “clearly quite traumatising” and the victim sustained significant injuries”

“This was a very violent assault that took place in the vivacity of the family home. There was a degree of planning after a definite threat, both of which are aggravating factors,” judge Johnson said.

The judge accepted the defendant's plea of guilty, but noted both William Donohoe and Jason Small were assessed by Probation Services to have a “high risk of re-offending”, while Patrick Donohoe did not engage fully with probation service due to mental health issues.

The judge said Patrick Donohoe was “the most culpable” as he was armed with a stick and led the actions. He imposed a three year sentence, but suspend the last 18 months for four years for Patrick Donohoe.

Judge Johnson said William Donohoe was “less culpable” and imposed an 18 month custodial term, suspending the last nine months for three years, while Jason Small received a one years sentence, with the final six months suspend for three years.

The defendants entered individual bonds to come under the supervision of probation service, access mental health services and engage with mental health regarding alcohol and drug use.

The judge's final order was that the men have no further contact with the victims.