A Co Kerry sheep farmer who pursued two gardaí with a loaded rifle while in the throes of a mental breakdown has been given a five year suspended sentence.
John Joe Kissane (47), of Eirk, Muckross, Killarney, pleaded guilty to two charges of using a Winchester .270 rifle with a telescopic sight to threaten to kill or cause serious harm to Garda Denis O'Brien and Garda Sean O'Regan on January 16th, 2015 at Eirk, Muckross.
The Circuit Criminal Court in Tralee heard gardaí had initially called to Kissane's house after a report of a SUV being driven dangerously and out of concern for the farmer who they knew was going through a bad patch, Det Chris Manton told prosecutor Tom Rice.
The gardaí were on the way back to Kenmare when Sgt Derek Fleming informed them Mr Kissane's son (six), to whom he had weekend access, was in the house. The officers returned and the child was upstairs asleep but the gardaí felt he would be safer with his mother who has full custody.
Flee
Kissane then produced the rifle and the gardaí had to flee with the farmer giving chase through rough countryside in the dark. The officers abandoned their patrol car before eventually making their way to the N71 .
The regional armed response unit and trained negotiators were deployed, roads were blocked and the area was cordoned off. Kissane was still at large in a wooded area but the incident came to an end in the early hours after lengthy nnegotiations when he surrendered and co-operated with gardaí.
The gardaí concerned were left deeply shaken and the judge paid tribute to them.
Mr Kissane had been “in an irrational state” and this was not helped by alcohol issues which the accused had at the time, the judge said.
Psychiatric and other reports were handed in by Anthony Sammon SC, for Kissane, detailing his “complex personality” and family dynamic”, and “complete emotional collapse” at the time.
“There is the fact that this is a committed sheep farmer, a very hard working individual involved in maintenance payments. A custodial sentence would have a great financial impact on his wife and young son.” the judge noted.
He sentenced him to five years in respect to both counts, suspending the sentence for a period of five years. He had no previous convictions and this was a once-off incident, the judge noted.
On application by Mr Rice, the judge directed the weapons and ammunition be destroyed. Judge O’Donnell also ordered that Kissane not be given a gun licence unless certified as fully mentally stable.