Suspended sentence for elderly farmer who swung claw hammer at garda, neighbours and mart manager

An elderly farmer who produced a claw hammer and threatened a garda, neighbours and a mart manager was given an 18 month suspended sentence, with strict conditions imposed, at Carrick-on- Shannon Circuit Court last week.

James Gilchrist, aged 78, from Stradrina, Drumshanbo, Co Leitrim appeared on a signed plea to four matters contrary to the Firearms and Offensive Weapons Act, 1990.

On June 14, 2022 at Main St, Drumshanbo he produced a claw hammer and threatened Garda Alan Murray; on August 20, 2022 at the Mart, Coolaney, Co Sligo, he produced a claw hammer and approached Martin Corcoran, Mart Manager, with the hammer concealed up his sleeve; on September 2, 2022 at Ballinaglera, Co Leitrim, he attempted to assault Jason Maguire with a claw hammer; and on the same date he produce a claw hammer and threatened Tony Maguire.

Sgt Brian Lee, Drumshanbo Garda Station, told the court that on June 14 last Garda Alan Murray was on foot patrol at Main St, Drumshanbo when he saw a jeep and trailer badly parked in the town centre. James Gilchrist appeared to be asleep in the driver's seat.

Garda Murray brought his parking to Mr Gilchrist's attention who first ignored Garda Murray, who was in uniform, and then grabbed a claw hammer from the passenger seat and told him to “f*** off or I'll batter you” and he swung the hammer in a very threatening manner.

Sgt Lee said on August 20 last James Gilchrist brought ram lambs to Coolaney Mart, where he would not be well known.

When the mart attempted to sell the lambs for €150 each, the best price at the time, James Gilchrist said he wanted €500 for each lamb, which was an unrealistic price. No sale resulted and a short time later he loaded his sheep into a trailer and walked back to confront the mart manager, Martin Corcoran.

He asked Mr Corcoran why he had not sold his lambs. Mr Corcoran then noticed Mr Gilchrist had a claw hammer concealed up his sleeve. Mr Gilchrist attempted to pull out the hammer but the claw got caught in his sleeve and Mr Corcoran and a few others disarmed him and avoided injury. Mr Corcoran was shocked and had never seen such behaviour in 30 years working at a mart.

On September 9 last, Tony Maguire, a neighbour of Mr Gilchrist, saw him trying to turn a jeep and trailer outside Maguire's house.

While trying to reverse he was bulldozing back into a small trailer owned by Mr Maguire. It may have been an accident. Mr Maguire told Mr Gilchrist and tried to stop him but the defendant became verbally abusive to him and waved a hammer in a very threatening manner at him and said “I'll beat the f***ing head off you.”

Mr Maguire was very shocked and afraid and rang his son who was nearby and went to Drumshanbo Garda Station to report the matter.

On the same date, minutes later, Jason Maguire met Mr Gilchrist on the side of the road and asked him if there had been an incident and he replied “no”.

He asked him if he had the hammer out again and Mr Gilchrist grabbed the hammer from the passenger seat and raised it and threatened Jason Maguire with it from close range.

Sgt Lee said Mr Gilchrist is 78 years old. He is married and separated for the past six years or thereabouts. He has four sons and one daughter. Over the past six years he has severed all links with his family and his wife who Sgt Lee described as a very, very decent woman.

He said since then Mr Gilchrist has been on a very slippery slope and has come to a lot of attention in the last few months.

Sgt Lee said the previous decade was a time of relative calm with his wife and family caring for him. The decade before that he spent most of his time indoors.

However, the decade before that, the 1990s, he came to a lot of attention and there was a lot of fear among his neighbours and indeed the gardai for a number of years.

Sgt Lee described him as very unstable at that time and said he feared Mr Gilchrist was that way again.

He listed his previous convictions from Dowra District Court in January 1995 where he was convicted of assaulting two gardai by running his vehicle towards them for which he was given a six months suspended sentence and disqualified for six months. He was also fined £150 for producing a hedge knife.

At the same court in June 1991 he was convicted of assaulting two neighbours and producing a knife. He was bound to the peace for 12 months and fined a total of £150.

At the same court in January 1988 he was convicted of assaulting the same two neighbours and fined £25 for each offence.

At Carrick-on-Shannon District Court in 1992 he was fined £100 for failing to stop for a garda and for a similar offence in January 1995 at Dowra Court he was fined £150. There were quite a number of other summary matters at the time, Sgt Lee said.

In a victim impact statement, Jason Maguire outlined how serious the threats to him were and how Mr Gilchrist producing a hammer has affected him.

He said he remains very concerned that either him or his father could be the subject of an unprovoked attack in the future. He said it has played on his mind and he has been stressed by it and his sleep has been affected.

Tony Maguire said he made a complaint against James Gilchrist on September 2 last. He said it was “not easy done but I could put up with no more.”

He added, “I was and am afraid of this man, he could do anything. I know him all my life and know what he is capable of.”
Mr Maguire said he has never said or done anything to Mr Gilchrist and would be happy to help him but there was no talking to him. He said, “I'm terrified he'd drive across me or hit me with something. There's no talking to James Gilchrist when he's in that state of mind.”

Sgt Lee said Mr Gilchrist's neighbours are very decent people and those views and fears expressed by Mr Maguire are reflected in the community and surrounding area.

“There is a lot of concern with this defendant,” the sergeant said.
He said people in the area and former gardai he has spoken to are afraid of what he might do.

Sgt Lee told the judge that at a previous district court sitting Mr Gilchrist was sent to Sligo University Hospital for assessment by the mental health section and discharged later that day.

He was then arrested on October 4 when Department of Agriculture officials and vets visited his farm, accompanied by the gardai and the Armed Support Unit, for breach of his bail conditions when a hammer was found in the passenger seat of his jeep.

Part of his bail conditions was he was not to carry any weapon but the hammer was found and a new slash hook in the rear of the jeep.

A psychiatric review by Dr Benjamin O'Keeffe of the Central Mental Hospital found there was no evidence of a major psychiatric illness.

Sgt Lee said the major concern is Mr Gilchrist didn't appreciate the seriousness of what he was before the court for, and didn't see anything wrong.

He said Mr Gilchrist sees it as “unfinished business” and his last words to the mart manager were “I'll be back,” which was a concern.

Garda Alan Murray said he spoke with Mr Gilchrist over what was a minor road traffic matter and said what was alarming to him was the speed it escalated and the nature of Mr Gilchrist's response.

Garda Murray said he had opened the jeep's door and hadn't seen the hammer before he swung it at him. He said he moved back as Mr Gilchrist swung it at him a number of times.

Garda Murray described it as a frightening incident.

Eoin McGovern BL, instructed by McGovern Walsh solicitors, said Mr Gilchrist lives alone in an isolated part of Leitrim.

He said he has never served a prison sentence or previously been in custody prior to this and he asked that he be given full credit for his early plea.

Mr McGovern said it was a very difficult situation given Mr Gilchrist's age and health difficulties and he asked the judge not to impose a custodial sentence and allow him to return to his farm.

Judge John Aylmer enquired if there were any assurances from him regarding the “terrorisation of his neighbours.”
“I am most concerned about the local community and his frame of mind at the moment. I would need an awful lot of reassurance,” the judge said.

Mr McGovern said the defendant was willing to make an undertaking to the court that he will not make contact with any persons or carry any weapons in his jeep.

Asked how he had found prison, Mr McGovern said he found it quite difficult. It is cold and initially he wasn't getting his diabetes medication. He said it has “given him time to reflect on matters.”

Judge Aylmer said the maximum sentence is five years on each of the indictable offences.
“I'm hopeful that six weeks in custody has been enough for this man to bring him to his senses,” he said.

Sgt Lee said it was a very difficult situation but based on his past history he did not believe Mr Gilchrist would engage with a doctor and had ridiculed the doctor at a previous court appearance.

Judge Aylmer said he viewed each of the cases as being in the mid range and such offending merited two years on each count.

He reduced each to 18 months with credit for time already spent in prison.

Judge Aylmer said Mr Gilchrist was going to have to go back to engaging with the local mental health service and was told that he had an appointment with his GP, Dr Alan Loftus, the day after the court.

Sgt Lee explained that Mr Gilchrist has disengaged with his family in every way, they are all afraid of him. He lives by himself four or five miles from Drumshanbo and the house could be described as, to say the least, very dilapidated.

He said Mr Gilchrist's farming situation has changed at home as there are no livestock left on the farm. The Department of Agriculture have taken all the animals, including the dogs. Mr Gilchrist was aware of the situation, he said.

Mr Gilchrist was bound to the peace on his own bond of €100 that he does not threaten anyone in any way, does not carry a weapon in his vehicle or on his person at any time, or anything that could potentially be used as a weapon.

He must cooperate fully with the Gardai and consent to inspection of him and his vehicle on regular occasions, including daily inspections, to ensure he complied with the conditions.

He must also comply fully with Department of Agriculture officials and vets and stay away from Coolaney Mart.

Mr Gilchrist must also engage fully with local health and mental health services and avail of all such treatments afforded to and recommended for him.

He will remain under the supervision of the Probation Service for 18 months and keep them advised of his engagement with the mental health service.

Judge Aylmer said he was “taking the most benign possible view” given Mr Gilchrist's advanced years, difficult personal circumstances and difficult mental health background.

The 18 months sentence was backdated to October 4 and the balance of the sentence was suspended for 18 months.

Four summary matters before the District Court for Section 2 assaults in respect of the four indictable matters in the Circuit Court were taken into account.