Sentenced yesterday to THREE years............
A SERIAL offender who assaulted a 50-year-old man found dead in an apartment in Limerick city last year was granted temporary release from prison the previous day, it has emerged.
David Byrnes, from Castleconnell, Co Limerick, with an address at Copper Hill, Ballintemple, Cork, was freed from Limerick Prison on temporary release just 12 hours before Brendan McEvoy was found dead at his home.
The body of Mr McEvoy, from Carlow, was found slumped at the bottom of the stairs covered in blood at Cherrydale Apartments, Dublin Road, Limerick, on June 19th last.
Byrnes (24) pleaded guilty at the Circuit Criminal Court in Limerick to assaulting Mr McEvoy causing him harm.
The court heard that Byrnes had 77 previous convictions prior to this incident and that he was granted temporary release from Limerick Prison where he was serving a sentence for theft on June 18th last.
In the early hours of the following morning, in an intoxicated state, the 24-year-old forced open the door of the apartment at Cherrydale Court where he had previously lived. The court heard that three men who were living at the apartment, including UL law student Mr McEvoy, had been drinking heavily the night before.
A confrontation took place between Mr McEvoy and the accused on the stairway landing and the accused admitted to gardaí that he hit Mr McEvoy before he lost his balance and fell down the stairs.
One of the men living in the house told gardaí that he saw Byrnes kick Mr McEvoy a number of times into the head when he was lying at the end of the stairs.
After his arrest,the accused admitted to gardaí that he had hit Mr McEvoy but said this was after the 50 year old had struck him first. He said the dead man had lost his balance and fell down the stairs and he denied kicking him afterwards in the head.
The pathologist’s report showed that Mr McEvoy, who was originally from Bagenalstown, Co Carlow, suffered two skull fractures.
Byrnes’s defence counsel said he was deeply remorseful for what had happened and he apologised to Mr McEvoy’s family, and his partner and four-year-old son.
Judge Carroll Moran said the accused man had “a dreadful record” and described the fact he was on temporary release at the time of the assault as an aggravating factor. He sentenced Byrnes to three years in prison.
http://www.irishtimes.com/newspaper/ireland/2009/0303/1224242150488.html
77 previous convictions FFS. If only he'd been slotted on his first job eh Wolfy.
