A man who threatened to kill a Garda and was caught with a large stash of drugs has avoided a jail sentence after turning his life around.
Shaun Strain appeared before Letterkenny Circuit Court charged with making threats to kill and also having drugs for sale and supply.
Strain, who is originally from the Oldtown area of Letterkenny, pleaded guilty to the charges.
However, the court heard that the one-time drug addict has managed to completely change his lifestyle.
He is clean, has moved to Killybegs where he has a partner and a full-time job and he no longer associates with people who were considered bad influences in his life.
Detective Garda Michelle Kelly outlined the incidents which led to Strain’s arrest and court appearance which happened in February 2017.
Detective Kelly outlined an incident at Ros Suilghe in Oldtown on February 20th, 2017 when Strain’s sister Hannah made a complaint against the accused.
Garda Alan O’Mahony and a colleague investigated but were met by a torrent of abuse by Strain who mocked Garda O’Mahony who had been assaulted by his brother while off-duty.
Strain continued to abuse Gardai and was arrested.
While in Garda custody he told Garda O’Mahony that his brother, who was jailed for the assault, was getting out and warned the Garda to watch his back.
When leaving the Garda station Strain said “My brother got you down the town, kicked the head of you you windy bastard, watch your back.”
The following day Gardai had to attend the Strain household again and Strain shouted at them “See that Garda that was here yesterday, you tell him I’ll get him out of uniform. Tell him I’ll kill him.”
Strain then made a gesture of putting his fingers across his throat.
Detective Kelly said that Garda O’Mahony was told of the threat and took it serioulsy.
She also told the court that Gardai got a warrant and called to the Strain house on May 31st, 2019 in a search for drugs.
Cocaine and cannabis as well as items used to sell drugs including a digital weighing scales and a tick list were found.
Sean Strain said he was holding the items for another man and was helping him out in return for feeding his own drug habit.
The court heard that Strain has two previous convictions for criminal damage.
Barrister for Strain, Mr Ciaran Elders, asked for the leniency of the court stating that Strain was a changed man.
He said his client had some special needs as well as a learning difficulty.
However, since these incidents he had completely turned his back on his old ways and friends and had started a new life for himself in Killybegs.
He was drug-free, was now in full-time employment, had a partner and had moved away from all the “negative influences” in his life.
Passing sentence Judge John Aylmer said the threat to kill Garda O’Mahony was a very serious one and merited a sentence of two and a half years before mitigation.
He said that it was also clear that he was actively dealing drugs but placed it at the lower end of the scale but also merited a sentence of two years before mitigation.
Judge Aylmer added however that these offences took place when he was a younger man if 19 and at a time when he had a significant drug habit.
He noted that he had made great strides in rehabilitation and there had been huge changes in his life.
He said he was proposing to reduce the two and a half year sentence for the threat to kill to one of two years but would suspend that sentence for two years.
He warned Strain that if he got into any trouble in that time that the sentence will be activated.
Judge Aylmer added “I hope that will be a sufficient incentive for him to remain out of trouble.”
On the drugs charges, the Judge said he was reducing the sentence to one of sixteen months but to allowed for Strain’s continued rehabilitation he was replacing it with 240 hours community service.
