Three men were handed suspended sentences on Wednesday over what a judge described as “shocking incidents of violence and vigilantism” almost five years ago.
Lee Jason McCarroll, 30, of Straiddorn Green in Comber, Kenneth Raymond Donaldson, 46, of Hillsborough Road, Dromara, and Ian Spratt, 44, of Castle Street in Comber, were due to go on trial at Downpatrick Crown Court, sitting in Belfast.
But when a new charge of affray was added, McCarroll and Donaldson were re-arraigned and entered guilty pleas and each received a two year sentence suspended for two years.
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Spratt was also re-arraigned and pleaded guilty to a new charge of attempted criminal damage. He was handed a nine month sentence suspended for two years.
All three were made the subject of two year restraining orders and warned not to have any direct or indirect contact with their victims. The charges related to two separate incidents in the early hours of January 14, 2018 in Killyleagh, Co Down.
Prosecution barrister Laura Ivers said the first incident happened at around 4.30am when a man’s house in Castleview was attacked by a number of men. She said the victim called on his neighbour and they armed themselves with golf clubs and were captured on CCTV walking the streets of Killyleagh.
Ms Ivers said those involved in the first incident made calls to a number of individuals who later turned up in Killyleagh armed with sticks, baseball bats and a firearm.
The prosecutor told Judge Geoffrey Miller KC that CCTV captured six men in Castleview at 7.20am who attacked the property, smashing windows and doors and a number of shots were fired at the flat.
“Fortunately, no injuries were caused to the injured parties,” said Ms Ivers.
Police cordoned off the scene and a number of blank ammunition rounds were found in the street. She said DNA on the rounds were linked to Donaldson “but the prosecution can’t prove that he fired the weapon” which has never been recovered.
Asked by Judge Miller what sparked the incident, Ms Ivers said it was believed there had been a fall out between the defendants and a relative of one of the injured parties “who they don’t like”.
During police interviews, some of the defendants claimed their mobile phones had been lost or damaged but Ms Ivers said that although this prolonged the police investigation, officers were able to place the defendants at the scene through cell site analysis.
She added that the Castleview property belonged to the Northern Ireland Housing Executive and damage caused amounted to £1,680. The court heard McCarroll had a previous conviction for assault occasioning actual bodily harm from 2011 and had no matters pending.
Passing sentence, Judge Miller said: “This was a shocking incident of violence and vigilantism carried out in Killyleagh. The fact that shots were fired at the property caused considerable concern in the neighbourhood. That makes the gravamen this serious case.”
Earlier, three co-accused in the case were found not guilty by direction of the judge.
David Robert Fitzpatrick, 37, of Kilhorne Green, Annalong, Co Down, Samuel Alan Gareth Gordon, 32, of Glenfield Road, Lurgan, Co Armagh and Daniel Gould, 29, of Half Acre Lane in Newtownards, Co Down, were due to go on trial on a charge of conspiracy to commit common assault. But after a jury was sworn in, the prosecution offered no evidence against them.
Judge Miller directed the jury to formally acquit the defendants. All three were also made the subject of a two year restraining order.
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