Rian Timlin at Donegal Circuit Court. Photo: North West Newspix
A County Tyrone man who shunted a car across a yellow box in a busy Bundoran junction with his jeep has avoided prison.
Rian Timlin was handed a two-year suspended sentence and banned from driving after the incident which terrified a family, including an elderly couple, who were travelling in the car.
At Donegal Circuit Court, Judge John Aylmer said the incident represented an “aberration” and was down to the defendant - who became aggressive and refused to give a sample to Gardai following his arrest - being out of his mind on alcohol on the night.
The 23-year-old Timlin, of Cloghog Road, Coalisland, pleaded guilty to charges of endangerment, dangerous driving, criminal damage and refusing to provide a sample of breath, blood or urine.
The charges related to incidents in Bundoran on the night of May 11, 2024.
Sergeant Ronan Gallagher outlined the case to Ms Fiona Crawford BL, barrister for the State.
Gardai were alerted to a white Volkswagen Amarok after a family travelling in a Kia Picanto became concerned about a jeep driving closely behind them while blowing the horn and flashing the lights. The female driver expressed a fear to the other occupants that the jeep was going to collide with her car.
A short time later, the jeep did hit the back of her car. Some in the jeep were heard shouting “we’ll kill you” while laughing.
The jeep then overtook the car and kept braking in front of her trying to stop. The woman tried to flag down the car in an attempt to exchange details about the collision.
CCTV footage was shown in court showing the two vehicles stop close to the Chasin’ Bull in Bundoran at 9.31pm.
When Timlin got out of his jeep, the woman told Gardai that she was “in fear” so she continued driving. She indicated that she wanted to drive to the Garda station to make a report of the incident.
Footage showed the white jeep travel at speed to catch up with the Kia and flashing the lights.
As the Kia entered a yellow box at a junction at Drumacrin, Bundoran, the jeep connected with the back of the Kia. Timlin continued driving, pushing the car through the yellow box junction.
Several bystanders were in the area, including a man pushing a pram, at the time. Timlin then reversed his jeep and continued on another road before he entered a nearby caravan park a short time later.
The woman told Gardai that she was “terrified” and that she was “never so scared”. She said the incidents were particularly “very dramatic” for her elderly parents who were in the back of the car.
The jeep was tracked to a caravan park by Sergeant Gallagher and a colleague. The court heard that there was “no adherence” to a verbal instruction to Timlin and the Garda was forced to deploy his baton.
Gardai noticed that Timlin’s eyes were glazed and they detected a strong smell of an intoxicant while his speech was slurred and he was unsteady on his feet.
When arrested and taken to Ballyshannon Garda Station, Timlin refused to give his details to the member in charge. Timlin became aggressive when a search was being conducted.
Gardai described Timlin as being “violent, striking out, lashing out and speaking abusively” in the station.
Timlin was restrained and taken to a cell where he continued to shout in an irate manner. He refused to comply with a direction to provide a sample of breath, blood or urine.
The family travelling in the Kia car did not wish to be present at the court sitting and a victim impact statement was not submitted.
Sergeant Gallagher said that Timlin had a “completely different attitude” when he calmed down.
Mr Colm Smyth SC, barrister for the defendant, instructed by solicitor Mr Gerry McGovern, said his client had €4,000 in court to go towards the victims. An estimated €1,700 in damage was caused to the vehicle.
Put in the witness box by his barrister, Timlin said he wished to “express a sincere, unreserved apology”. Timlin said he acted “irresponsibly and dangerously” and said he accepted “complete responsibility for the decisions I made on that date”.
Timlin wept as he said he deeply regretted the fear and disruption he caused.
“I feel ashamed that I let myself and my family down,” he said. “An apology can’t undo what happened…I am just completely disgusted.”
Timlin told Judge Aylmer that he had stopped drinking and asked for a chance. He said: “It was the stupidest thing I have ever done in my life. It was just a moment of madness.”
The court heard that Timlin, now working as a machine driver in Wales, has a long-term girlfriend and employer references were also handed into the judge.
Mr Smyth said the incident represented a “very dangerous activity that could have led to very serious consequences”
“He can’t believe that he was the perpetrator of what happened,” he said. “When he sobered up, he realised that he committed a very serious offence and he reached out to give an apology.”
Mr Smyth implored Judge Aylmer not to impose a custodial sentence and said his client has given “firm intent” to rehabilitate himself.
Mr Smyth added: “He has realised the error of his ways and is fully remorseful”.
Before considering mitigation, Judge Aylmer said the endangerment charge merited a starting point of three years in prison.
“This was undoubtedly a very frightening event for the occupants of the car you were shunting,” Judge Aylmer said.
The criminal damage charge merited a starting point of three years in prison while the dangerous driving charge carried a starting point of six months in prison and the refusal to provide a specimen a €500 fine and the mandatory four-year disqualification.
Judge Aylmer said this was an “extraordinarily unusual incident” for this defendant to be involved in.
“It was a complete aberration,” Judge Aylmer said. “The only explanation was that you were out of your mind from alcohol and that is the sole explanation”.
Judge Aylmer said he was “more satisfied than I have ever been” in terms of how remorseful Timlin is.
Judge Aylmer said the gravity of the offence had to be marked by the imposition of an appropriate sentence and he handed down two years imprisonment on the endangerment and criminal damage charges and four months on the dangerous driving charge with the sentences to run concurrently.
He said a four-year ban from driving was also a “significant penalty for a young man starting out”.
Satisfied that the incident represented an aberration and given that Timlin presented as a person of “excellent character”, Judge Aylmer said the case was an “exceptional” one in which the sentence could be suspended in its entirety on Timlin entering a bond to keep the peace and be of good behaviour for a period of two years.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.