A young woman who ‘impulsively’ kicked a man in the back while he was being viciously attacked by another man has avoided going to jail.
Jodie Quill appeared at Letterkenny Circuit Court after she pleaded guilty to assaulting Sloan Murphy.
The 26-year-old woman, who has 96 previous convictions, admitted attacking the victim during the incident at Burnside Apartments at Lower Main Street in Letterkenny on September 29th, 2022.
Detective Garda Declan O’Keefe said he and another officer happened to be driving in the area when he noticed traffic coming to a standstill, cars beeping their horns and a commotion at Burnside Apartments.
Complaints were made to Gardai and Detective O’Keefe said they became aware of a video which was circulating online of an altercation.
Part of what was a prolonged assault between a number of men was shown in court.
During the video, Ms Quill can be seen acting in an aggressive manner and kicking Sloan Murphy in the back.
Barrister for Quill, of Carraig Craobh, Crievesmith, Letterkenny, Mr Simon Gillespie, BL, said his client had been socialising in a bar close to the incident.
It appeared she became involved in the incident “on impulse” and one kick was the totality of her involvement, said the barrister.
He asked Detective O’Keefe if he would agree that her involvement was minor compared to others and that she was not the ringleader and the Garda agreed.
Since the incident, Ms Quill has started a job with the Donegal Traveller Project and has also undertaken a community development and leadership course.
Mr Gillespie said that his client had never experienced post-release supervision and he would be urging that saying she had experienced a chaotic lifestyle and was in active addiction.
He added she wanted to apologise to Mr Murphy for her part in the incident, that she knows him but she wishes him no ill will.
He added he accepts that Ms Quill’s probation report states that there is a high likelihood she will reoffend but he said this was due to her active addiction and the influence of her peers.
Mr Gillespie said he was asking the court to consider a non-custodial sentence as she had been assessed as someone who is suitable for community service.
He said Ms Quill is now engaging with the HSE addiction services and asked the court to consider her efforts in gaining employment with the Donegal Travellers Project and her efforts in engaging in a harm reduction programme.
“I would ask the court for leniency to allow her to make strides,” Mr Gillespie added.
Passing sentence Judge John Aylmer said this was an extremely violent incident and albeit a single kick, it was still very serious in that context.
He placed the offence at the upper end of the scale of such offences and before mitigation it merited a sentence of six months in prison, the maximum for such an offence.
However, he noted the guilty plea, that Quill was now in part-time employment and that she seemed to be trying to turn her life around and wean herself away from drugs.
For that he reduced the sentence to one of four months in prison but replaced it with 80 hours of community service which must be completed within six months.
He also placed her under the supervision of the community service programme and ordered her to abstain from all unprescribed drugs during that period.
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