Man jailed for throttling Garda in violent struggle

A man who almost choked a Garda while holding him and another Garda in a ‘judo hold’ has been sentenced to a total of eighteen months in prison.

Daniel Bane (25), from 13 Ard Esker, Tuam Road, Athenry, appeared in custody before Galway District Court where he pleaded guilty to obstructing Garda Seamus O’Donnell and Garda Patricia Sloyan in the course of their duty, at Tesco, Oranmore, on August 16, last year.

He also pleaded guilty to the theft of a trolley-load of items worth €190, from the store on the same date and to the theft of €8 worth of dog treats, also on the same date.

Bane further pleaded guilty to having a claw hammer concealed in the door panel of a car he was driving while uninsured at Woodquay on January 20 last, and to having €10 worth of cannabis in his possession on the same date.

Sergeant Grace Hennessy told the court Garda O’Donnell and Garda Sloyan responded to a call and went to Tesco at 5pm where they found Bane being held by a member of security.

CCTV showed Bane leave the store without paying for a trolley full of items.  He then returned from the car park and entered the store again before taking bags of dog treats.

Security apprehended him on his return visit to the store and called Gardai. Bane became extremely violent when Garda O’Donnell told him he was about to be arrested.

Garda O’Donnell struggled to arrest Bane and both of them fell to the floor outside the entrance to Tesco.

Bane grabbed Garda O’Donnell by the throat with both hands and wrapped his legs around him. He kicked out at Garda Sloyan as she tried to pull Bane’s hands from Garda O’Donnell’s throat.

“He grabbed Garda O’Donnell by the throat and was trying to choke him. Garda O’Donnell could not release his grip and he was finding it difficult to breathe.

“Garda Sloyan tried to stop Daniel Bane from choking Garda O’Donnell and a violent struggle ensued,” Sgt Hennessy said.

Garda Sloyan told the court Bane kicked out at her, bruising her legs from her thighs down to her ankles as she tried to pull him off her colleague.

She said Bane then wrapped his legs around her while he was still throttling Garda O’Donnell and he managed to kick her in the back a number of times with his heels.

He released his grip on Garda O’Donnell and twisted her left wrist in an effort to break it as she tried to loosen his grip, she said.

Garda Sloyan shouted for help and a man who was shopping in Tesco at the time came to the Garda’s aid.

She said they could see Garda O’Donnell’s face turning red by this time as he could not free himself from Bane’s grip.

The bystander succeeded in releasing Bane’s grip but he too was kicked and Bane managed to bite him in the ribs. The bystander man, assisted by two other male customers, eventually helped in restraining Bane at the scene.

Sgt. Hennessy said Garda Sloyan suffered soft tissue injuries and “acute stress reaction” as a result of the assault and was off work for five weeks.

Garda O’Donnell gave evidence of the impact the attack had on him. He said Bane had tried to choke him and the attack had lasted “quite some time” before assistance arrived. He had been off work for seven weeks due to the injuries he sustained.

Defence solicitor, Brian Gilmartin, said Bane had some judo skills and had used him on this occasion. He said Bane smoked cannabis to excess and takes tablets.

He added Bane had a difficult upbringing. His mother and two sisters were present and a letter from one of the sisters was handed into court.

“Garda O’Donnell was within inches of being choked,” Judge Mary Fahy observed.

The court heard Bane had 20 previous convictions, mostly for Public Order offences.

Judge Fahy imposed sentences totalling eighteen months and she disqualified him for four years for driving without insurance.

Leave to appeal the sentences was granted.