Donegal man who held knife to father's throat manages to avoid jail

A Kilmacrennan man who held a knife to his father's throat during a row at their home has been given a five month suspended jail sentence.

Joe Toye, 27, appeared at Letterkenny District Court facing a number of charges. They included charges under the Firearms and Offensive Weapons Act, assault, drugs, public order and criminal damage.

His solicitor, Mr Patsy Gallagher, told the court that this was the "classic mental health" situation but that his client was now on the straight and narrow as he was taking his medication. Garda Sergeant Jim Collins outlined all the offences against Toye with an address at Ard Na Glaise, Kilmacrennan.

He told how on January 31, 2023, Gardai were called to the family's home address in Kilmacrennan at 4.39pm as there was an altercation between Toye and his father. Gardai had to "wrestle" with Toye but he managed to get a knife and held it to his father's throat.

Toye was later arrested at 5.40pm and the knife was located in the house.  On October 31, 2022, Toye was charged with causing criminal damage at his sister's home in Abbey Village, Kilmacrennan using a fence post when he smashed a kitchen window.

On April 1, 2023, Gardai were called to Letterkenny University Hospital at 2.55pm where Toye was being abusive to staff and roaring at a nurse who was trying to remove a cannula from his arm.

Toye shouted at Gardai and called them pigs and tell them he would sort them before calming down and later apologising.

On October 10, 2023 at Teevickmoy, Stranorlar, Toye was stopped by Gardai and arrested under the Misuse of Drugs Act after €30 of cannabis was found on him.

The court heard that the accused man had previous convictions for drugs offences, road traffic and theft. His solicitor, Mr Patsy Gallagher, said Toye came from a very caring family and this was a "class mental health story."

Both his sister and mother were in court to show support for the accused, he added. He said he is now back on his medication and knows that he can control himself with the assistance of professionals but that he has to follow their advice.

Judge Vincent Deane said the offences committed by Toye warranted a prison sentence but added that the accused "seems to have turned his life around."

He said he would "leave the future in his own hands" and imposed a five month prison sentence on Toye but suspended it for a period of one year on the Section 11 charge under the Firearms and Offensive Weapons Act. He took all other charges into consideration.