Homeless man who broke into Ballybofey Garda Station in spate of offences jailed

A homeless man who broke into Ballybofey Garda Station for shelter because it was freezing outside has been jailed for three months.

Leo Marley pleaded guilty at Letterkenny District Court to a "spate" of offences which happened in the run-up to Christmas.

Garda Sergeant Jim Collins outlined the incidents to Judge Emile Daly and was told that the accused, a 32-year-old father-of-one, has been in custody since December 29th.

He pleaded to a total of six charges between December 5 and 29, 2025.

The court was told that on December 5th at 6.25pm, Garda Mick Kilcoyne was on duty at Ballybofey Garda Station.

The front doorbell rang but when he went to answer it there was nobody there.

He heard a loud bang at the back of the building and found Marley in the back hall wearing gloves and with his face covered trying to enter the building.

Two days later at 10.30am, Marley was found causing a disturbance at Harris' Service Station in Convoy.

Sergeant Collins said Gardai asked him to leave the area but he refused, continued to be aggressive and was arrested.  

On Christmas eve at 11.32pm Gardai were on patrol at Main Street in Ballybofey and found Marley drunk and being aggressive and was again arrested but apologised when he sobered up.

A complaint was later made that Marley had also damaged a CCTV camera at the Food Junction in Ballybofey to the value of €150.

On December 27, Garda Ciara Gibbons was called to a disturbance in Ballybofey at 1.20am and Marley had threatened to cause damage to a car belonging to a man by telling him he was going to "smash it up."

The court was told that Marley was again arrested on December 29 and taken to Letterkenny Garda Station.

While in the Garda station cell he urinated in the cell and on the cell door, as well as on blankets with the criminal damage estimated at €350.  

Sergeant Collins said Marley has a total of 80 previous convictions for a range of offences including public order, dangerous driving, trespassing and harassment and acknowledged that the accused had issues with drink and drugs.

Marley's solicitor, Mr Patsy Gallagher said his client's mother and father died when he was young and that he had been "looking after himself since he was 14 years old."

He said he broke into the Garda station because he was living in a tent, was freezing and just wanted somewhere warm to shelter.

The other incidents stemmed from his addiction with drink and drugs but said his client cannot get help as he falls between the stools of "not bad enough and not good enough."

Mr Gallagher said his client now realises that he has to get a roof over his head but also realises that he has to take his medication going forward and that he cannot mix it with alcohol.

He said the accused now knows that he has to "keep on the straight and narrow"  and that he has seen all that he should not have seen from an early age.

Judge Daly said the court had heard the facts adding that there were a large number of offences that were not being proceeded with but six which were.

She said Marley's overall offending could only be described as a "spate."

Judge Daly said she understood that Marley has had a difficult time and that unfortunately he was residing in a tent during a very cold period of time.

She said she had sympathy but said he has to take account of his own behaviour and that he is the author of his own actions and his own future.

She jailed Marley on three of the offences for a total of three months and took other offences into consideration.

Judge Daly added that she hoped time will be of benefit to Marley and that she appreciated he would prefer not to be in prison but that she had been left with no option considering his previous convictions.

She backdated the sentence to when Marley went into custody on December 29.