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A teenager who repeatedly beat a man trying to steal a greeting card from his local newsstand has been jailed for 18 months for the attack by a “savage” and “despicable” vigilante.
The victim in the case, Christopher Palmer, 20, died five days after the 2018 attack from a drug overdose, the Dublin Circuit Criminal Court heard today. His death was not linked to the assault.
Josh Henney (18), resident of North William Street, Dublin, pleaded guilty to one count of violent disorder at the Day Today newsstands on Ballybough Road, Dublin, on November 11, 2018. He was 16 years old at the time . of the incident.
The court heard that Henney was the “ringleader” of a group of boys who turned on Mr. Palmer when he tucked a greeting card down his pants and tried to leave local newsstands without paying for it.
CCTV footage shown in court showed Henney pushing Mr. Palmer back into the store with the front wheel of his bicycle, before repeatedly hitting him on the head, dragging him out of the store and kicking him as he lay on the ground.
“It is certainly a disturbing visualization, demonstrating bully brutality against a defenseless young man,” Judge Elma Sheahan said of the CCTV footage as she sentenced Henney.
He noted that Mr. Palmer was “helpless on the ground” during the “despicable and unprovoked” attack as Henney continued to hit and kick him.
“The defendant, at the age of 16, made himself and his friends guards, handing out justice with punches and kicks,” the judge said.
He noted that Henney returned to the scene more than once when Mr. Palmer was lying on the ground “to inflict more savage assaults.”
And he rejected the defense’s claim that Henney has borne the burden of the assault for the past two years, noting that he has not cooperated with the Probation Service and has drawn the attention of the garda ever since.
“He had the opportunity after this crime to demonstrate his distress and show rehabilitation by keeping a clean sheet and cooperating with the probation service,” the judge said.
He handed down a two-year sentence but suspended the last six months under a number of conditions.
Garda Detective Kevin Keyes told the court that eight teens were present at the store on the day in question when Palmer tried to steal the greeting card.
Four teenagers, including Henney, participated in the assault. The other three were treated in Juvenile Court.
During the attack, Mr. Palmer was saying “sorry” for trying to steal the card as the teens dragged him outside, the court heard.
After the assault, Mr. Palmer met with his mother in the city, where she observed that he was very pale and had significant bruises on his temple, as well as scratches on his face. Palmer died five days later of a drug overdose.
On the day of his death, his grandmother contacted Gardaí about the assault and an investigationtigation began. Gardaí identified Henney on CCTV footage.
Cathal McGreal BL, in defense, said his client had a troubled childhood. The court heard that Henney uses his mother’s last name as his father and uncles are known criminals in the north downtown area. He witnessed his father being shot as a child.
His mother struggled with drug addiction, but has since overcome it and is now a “positive influence” on her son, the lawyer said. She and Henney’s girlfriend were in court for sentencing.
McGreal urged Judge Sheahan to consider a non-custodial sentence, given Henney’s youth and his hopes of starting a training program with the goal of becoming a mechanic.
Online editors
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