A youth who killed another teenager after finding him in a bedroom with his sister has been jailed for five years.
The now 20-year-old, who cannot be named due to a court order, was convicted in July 2017 but his sentencing has been repeatedly adjourned after he suffered a series of seizures and required brain surgery.
The court has previously heard that the youth required a lesionectomy after doctors discovered a tumour on his brain.
In October last year prosecution counsel Patrick McGrath SC showed the court a photograph of the defendant climbing Carrauntoohil mountain in Co Kerry. He said the photo “does not chime very easily” with what the victim’s family had been told about the offender’s health condition.
Defence counsel Desmond Dockery SC pointed to three medical reports including one which detailed the various surgeries he had undergone since July 2018.
The victim’s family said they have been devastated by the death of 17-year-old Dovydas Jenkas, with his mother telling the court on Wednesday that her health has suffered to such an extent that she is unable to work and relies on social welfare.
The 20-year-old offender, who cannot be identified for legal reasons, was found not guilty of murder but guilty of manslaughter in 2017 by a jury at the Central Criminal Court for stabbing 17-year-old Dovydas Jenkas to death in Castlebar, Co Mayo. Mr Jenkas of Mount St, Claremorris, died from a single stab wound in the early hours of December 19th, 2015.
Passing sentence, Ms Justice Eileen Creedon said this is a “very sad and tragic case where a young man, 17 years old, lost his life”. The defendant was 15 at the time of the offence and 17 when convicted.
Describing the offence, Ms Justice Creedon said the defendant was at home with his sister while their mother was out and appears to have felt responsible for his younger sibling.
The girl, who was 14 at the time, invited Doydas Jenkas into the house and they went upstairs. When the defendant discovered they were in his mother’s bedroom together he tried to phone his mother and also took a knife from the kitchen. He saw Mr Jenkas leaving the bedroom through a window and going down into the back garden where he pursued him. When the deceased stopped running the defendant stabbed him once causing his death.
The judge said there was no evidence of provocation or of a prior history between the two teenagers. She also pointed out that the defendant had brought the knife and that Mr Jenkas was unarmed.
She set a headline sentence of nine years but taking into account the defendant’s age at the time of the offence and his actions since, she reduced that to six years with the last year suspended.
She said the youth had immediately admitted what he did and expressed genuine remorse. He pleaded guilty to manslaughter ahead of his trial and was found not guilty of murder but guilty of manslaughter.
He fully cooperated with gardaí and had no previous difficulties and has not come to garda attention since, she said. He has also, Ms Justice Creedon said, fully cooperated with the probation services and is considered at low risk of reoffending. She added: “He shows deep remorse and empathy for the deceased’s family.”
While in prison, Ms Justice Creedon said, he should be able to avail of any medical treatment deemed necessary by his treating doctors.