The car park at Tesco, Enniskillen RMG52
A 25-year-old Enniskillen man who ‘keyed five vehicles in the Tesco carpark in the town causing over £3,000 worth of damage has been spared a jail sentence.
Darren McGill, of Derrin Road was convicted of a host of offences at Enniskillen Magistrates Court, but has been given one last chance to avoid a prison term.
Outlining the first incident on June 25, 2015 the prosecutor said that at 2.05pm police received a report from staff at Tesco, Enniskillen that a man left the store following a disturbance. McGill spat on the floor of the store and left without paying for beer valued at £4.
The defendant then began to damage five cars in close proximity to the store before he was apprehended by staff on the Derrychara Road. At this point around 25 people had gathered in the area while staff tried to restrain McGill, who was kicking out at them.
When police arrived the defendant began to tense both arms and began kicking out and shouting at them.
During interview the defendant admitted to spitting in the store, swearing at staff and causing damage to three cars with keys. He said he could not remember damaging the other two. In total £3,197 damage was caused to the five vehicles.
In another incident the defendant breached a non-molestation order on December 17, 2015. The injured party reported to police she had two missed calls and six text messages from McGill despite a non-molestation order being in place until September 2016. The injured party told police this contact was unwanted and had caused distress to her. During interview the defendant admitted making contact with the injured party, but said he did not understand why he was not allowed to contact her.
In relation to the June incident defence solicitor Barry Lynam said his client was clearly under the influence of alcohol and drugs at the time. Citing the pre sentence report Mr Lynam highlighted the defendant’s mental health and addiction issues.
District judge Peter King said that in normal circumstances anyone who caused over £3,000 worth of damage and was in breach of suspended sentences would go straight to prison. The judge told McGill he had not helped himself by not engaging with the relevant agencies, but decided to give him one final opportunity to engage. He warned the defendant should he fail to do so he would go to prison for at least nine months. The judge imposed a combination order of 12 months probation and 100 hours of community service.
The district judge told McGill he came within a ‘hair’s breath of going to prison’ and said to the defendant: “Don’t prove me right”.
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