A man with a history of impulsive behaviour has been jailed for two years after he admitted shooting a customer in a north Cork pub because he thought the man was talking about him.
Charles O'Callaghan (31) was sentenced to five years in jail with three years suspended for possessing an air rifle with intent to commit an assault causing harm to Mark Kelly.
O'Callaghan of Killavoy, Banteer, Co Cork pleaded guilty to the offence and to producing a firearm with intent to intimidate Mr Kelly at the White County Inn in Banteer.
He also pleaded guilty to a third charge of assault causing harm to Mr Kelly at the pub on the same occasion when he shot him with the air rifle on August 3rd, 2014.
Det Garda Padraig Reddington told Cork Circuit Criminal Court a new licensee had just taken over the pub and was holding a barbecue for customers when the shooting happened.
There were over 30 people socialising in the car park that evening when O’Callaghan arrived at the pub and saw Mr Kelly there. They had previously been friends only to later fall out and, although O’Callaghan had since tried to make up with Mr Kelly, when he greeted Mr Kelly that day he got no response.
O’Callaghan left and went home, returning to the pub around 9pm wearing a long raincoat with a hood over his head. He walked up to where Mr Kelly was socialising.
He produced a 4.5mm calibre air rifle from under his coat and shot Mr Kelly from close range, hitting him in the back of the head.
“A pellet struck the injured party in the back of the head, causing him an injury at the point of impact as well as a laceration to his ear where he was grazed,” said Det Garda Reddington.
He then struck Mr Kelly with the butt of the rifle but other customers intervened and managed to disarm him and escort him from the premises.
He felt people were talking about him and he got the air rifle to shut them up but he insisted he only want to scare Mr Kelly and never intended to kill him, the court was told.
O’Callaghan had 26 previous convictions including one for possessing a stun gun in the same pub in 2009, said Det Garda Reddington, adding he was not licensed to have the air rifle.
Meanwhile Mr Kelly was treated for his injuries by a local doctor and has since made a good recovery.
Defence counsel, Tom Creed SC submitted a psychiatric report on O'Callaghan to the court and said he had been under the care of the psychiatric services for some time.
He had been involved in a serious road accident in May 2014 and had suffered a traumatic brain injury as a result, said Mr Creed.
He was on anti-psychotic medication but had stopped taking his tablets, suffered a breakdown and had begun hearing voices in his head at the time of the shooting, he said.
“He became paranoid and he became convinced people were talking about him,” said Mr Creed, adding he co-operated fully with gardaí in their investigation.
Judge Seán Ó Donnabháin said he accepted O’Callaghan had co-operated with gardaí and had pleaded guilty, but it was a serious and worrying offence.
He was concerned about a medical report which said O’Callaghan had “a significant history of impulsive and violent behaviour” which made a prognosis on future behaviour difficult.
O’Callaghan was no longer abusing alcohol and drugs but releasing him into the community was a concern and the judge said he was not in the business of taking such risks.
He sentenced O’Callaghan to five years in jail with the last three years suspended and ordered he receive psychiatric treatment while in jail.
