'A borderline case': Donegal man spared prison after threats to kill gardai

A Donegal man who made threats to kill two Gardai has avoided a prison sentence.

Oliver Quill threatened to pour boiling water over the officers and told them he would get a hatchet and they “won’t be getting out of here alive”.

Quill was ordered to 240 hours of community service in lieu of a 15-month term behind bars by Judge John Aylmer when he appeared at Letterkenny Circuit Court.

A 51-year-old of Ballyheeran, Longlane, Kilmacrennan, Quill was charged with two counts of making threats to kill or cause serious harm, to Garda Shane Walsh and Garda Brian McElroy, on December 11, 2020 at Crievesmith, Letterkenny. He also faced two crags of obstructing a peace officer acting in the execution of the peace officer's duty.

Sergeant Maurice Doyle of Letterkenny Garda Station outlined the case to Ms Fiona Crawford BL, barrister for the State. 

The court heard that Garda Shane Walsh and Garda Brian McElroy were at an address in Crievesmith, Letterkenny to deal with another matter.

Quill answered the door and was asked if another person was present in the property. Gardai were engaging with another person when the officers heard Quill shouting that he would get a hatchet and that they “won’t be getting out of here alive”.

Garda Walsh believed that Quill “in an unhinged mental state” would have been capable of acting upon his threats.

The front door of the property was subsequently locked and Quill was heard shouting: “Ram them. Ram the car. They’re not getting out of here.”

The court heard that Garda Walsh was “in considerable fear” of Quill and found that a change in the accused man’s demeanour was “sudden and alarming”. He said that Quill approached him in an aggressive manner, shouting and roaring. Garda Walsh drew his pepper spray and informed Quill that he would be sprayed if he continued with his behaviour.

After charging at the Garda, Quill was stuck with the baton a number of times on the left leg.

Quill told Garda Walsh that he would “break every window” of his house in retaliation.

Quill was also observed carrying a pot of boiling water and was going through a cutlery drawer while making threats to kill the two Gardai.

Garda McElroy outlined that Quill came out of the kitchen and threatened to throw the boiling water over him. Quill told Garda McElroy that he would find out where the Gardai lived and “chop their heads off” and “smash windows” in their houses.

While repeating the names of the Gardai and quoting their shoulder numbers, Quill continued to roar that their houses would be burned down, the court heard. 

Quill was subsequently arrested and interviewed, but only tendered a guilty plea after a jury was empaneled for a trial.

Quill has 48 previous convictions, including: two for assault causing harm; two for making threats to kill or cause serious harm; seven for assault; eight for criminal damage; 22 for public order offences and one conviction under the Misuse of Drugs Act.

Asked by Mr Peter Nolan BL, barrister for the accused, if this situation represented some “bluff and bluster”, Sergeant Doyle said the situation “became out of control” as Quill was “under an impression” in relation to an incident and the matter “kind of escalated” from there.

Sergeant Doyle confirmed that Quill has not been on the radar of Gardai since the incident and described the defendant as “polite and forthcoming” during his own interactions. 

The court was informed by Ms Crawford that the Gardai involved in the case did not wish to submit victim impact statements. 

Quill, called to the witness box by his barrister, admitted that he “lost control” on the day in question and said he no longer consumes alcohol. “If I was still drinking, I’d be dead by now,” he said.

Quill, who told the court that he worked as a labourer on building sites in the past and has undertaken FAS courses, confirmed that he is on a large amount of medication and has some “testing” medical issues.

Mr Nolan said the incident was “totally unacceptable”.

“He lost control,” Mr Nolan said. “Anger took over and that has led to him being here now. There has been a change in his life and he realises now that he is not in a position to drink as he did...It is a serious offence and a serious occurrence, but in the context of where he is now, he is five years with his nose clean.”

Mr Nolan asked Judge Aylmer to take account of Quill’s age, his illnesses and added that his client is available for community service in a limited way.

Judge Aylmer said it was apparent that Quill suffered an “extreme loss of control” on the day and perhaps had a misunderstanding of the reason for the Gardai being in the house,

“It is clear, though, that he was extremely aggressive and threatening to members of An Garda Síochána,” Judge Aylmer said, adding that there is a necessity to protect members of the force who “have to perform such a dangerous job in the face of such threatening behaviour”.

Judge Aylmer said out was only due to the “excellent and brave” manner of how the Gardai took control of the situation that no harm was caused. 

Noting the evidence of Sergeant Doyle, Judge Aylmer said that the offences were at the lower end of the scales of threats to kill, but were nevertheless serious matters meriting a starting point of 18 months in prison on each count. The charges of obstructing peace officers were marked as taken into consideration.

Judge Aylmer said it was “unfortunate” that Quill did not see fit to cooperate at an earlier stage and only pleaded guilty after a jury was empaneled. He noted Quill’s “poor record” but said that much of that may have been down to “excessive drinking” and Quill is now sober since ill health befell him.

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Judge Aylmer sentenced Quill to 15 months on each count of making a threat to kill. He said it was “very much a borderline case” in dealing with it in a non-custodial manner. 

However, Judge Aylmer imposed 240 hours of community service in lieu of 15 months imprisonment, to be performed concurrently over the next 12 months. 

Quill was also ordered to enter a bond to keep the peace and be of good behaviour for 15 months and to abstain from alcohol for the same 15-month period. Quill will be placed under the supervision of the Probation Service for the next 12 months.