The accused, Evan Toomey, aged 27, who has 89 previous convictions Picture: Facebook
TWO LIMERICK gardai thought they “were going to die” as a car rammed their patrol vehicle “with considerable ferocity” during a high-speed pursuit, leaving them with life-changing injuries.
Garda Alan Griffin, accompanied by Garda Niall Deegan, stopped their jeep on the Clonmacken Roundabout, Condell Road to prevent a fleeing driver from going into the city centre and for public safety - to stop other motorists encountering the speeding Mazda 6.
Evan Toomey, aged 27, of Oak Park, Ennis, Co Clare, pleaded guilty to a number of offences including criminal damage with intent to endanger life which carries with it a maximum sentence of life in prison.
Toomey, who has 89 previous convictions, also pleaded guilty to drugs offences and dangerous driving.
Prosecuting barrister John O’Sullivan, instructed by State Solicitor Padraig Mawe, outlined the case with the assistance of Detective Sergeant Fergal Hanrahan.
Mr O’Sullivan said late on the evening of November 18, 2019, a Mazda 6 parked by the McDonald’s in the Crescent Shopping Centre drew the attention of gardai (not Garda Griffin and Garda Deegan).
Det Sgt Hanrahan said when the patrol car pulled in beside the Mazda, the car being driven by Toomey reversed out.
The Mazda drove off at speed, mounted a kerb and travelled against the flow of traffic on St Nessan’s Road in the direction of Punches Cross while being pursued by gardai, Limerick Circuit Court heard.
Mr O’Sullivan said the Mazda overtook an ambulance by the Maxol Service Station and continued on to the Loughmore roundabout.
“The vehicle drove on the wrong side of the road. One hundred and fifty metres from Quinn’s Cross Roundabout near the cement factory it overtook an ambulance on a blind bend,” said Mr O’Sullivan.
A garda alert had gone out and a second patrol vehicle had joined the chase because the first vehicle “couldn’t keep up”.
The Mazda continued into Ard Aulin housing estate before joining an N18 slip road.
“It entered the tunnel, swerving across both lanes, drove through the toll barrier without stopping,” said Mr O’Sullivan.
Garda Griffin and Garda Deegan, of the Roads Policing Unit, had also responded and headed towards the Clonmacken roundabout.
The prosecuting barrister said Garda Griffin parked the marked garda vehicle, a Hyundai Tucson, on the roundabout in an effort to steer the Mazda away from the city centre and for public safety so other motorists wouldn’t encounter the fleeing vehicle.
“They left room for the vehicle to pass in front. The Mazda driven by Evan Toomey mounted a concrete island and went directly into the passenger side of the garda vehicle causing an impact of the greatest severity. The driver made no effort to evade the marked vehicle. The garda vehicle was pushed across the roundabout into a sign,” said Mr O’Sullivan.
The barrister asked Det Sgt Hanrahan if it was a deliberate act?”
“Yes. There were no brake lights on the Mazda,” said Det Sgt Hanrahan, who played CCTV footage of the collision for Judge Dermot Sheehan.
The court heard that Toomey and another man, who has already appeared before the courts, ran into a nearby housing estate and were later arrested. €1,793 of cannabis and €483 worth of heroin was found in the Mazda.
Det Sgt Hanrahan said in the first interview with gardai, Toomey denied driving the Mazda but admitted running away. Toomey said “his mate” was driving the car, he had told him to slow down and was glad no one died.
Det Sgt Hanrahan said a forensic investigation was carried out which showed DNA on the driver’s airbag which belonged to Toomey.
Mr O’Sullivan said Toomey has 89 previous convictions including for theft, handling stolen property, criminal damage, robbery, production of an article in the course of a dispute and aggravated burglary.
Mr O’Sullivan said Garda Griffin and Garda Deegan are long-standing members of An Garda Siochana attached to the Traffic Corps.
Both members read out victim impact statements which outlined the extent of their injuries.
Garda Deegan said: “In the moment before our patrol car was struck, I genuinely thought Alan Griffin and I were going to die.”
Garda Griffin said he will never forget thinking his colleague was dead as he lay unconscious beside him.
Garda Griffin said Toomey has not offered one apology to him and “is of the firm opinion that any apology offered on his sentence date is done so as a sentencing strategy”. Garda Deegan said he “could never accept any apology given to me from Evan Toomey”.
Yvonne Quinn, BL, who represented Toomey, said her client’s instructions were to express an unreserved apology to the gardai.
“His behaviour was disgraceful and appalling. He is truly sorry. Drugs are at the root of his difficulties - he has a long-standing addiction and was going to Limerick to get drugs. He expressed concern in garda interviews about the gardai,” said Ms Quinn, who referred to a report by the Probation Service.
“He said he was under the influence of cocaine and cannabis at the time. He became paranoid, panicked and took off at speed. They were using drugs at the time. When asked why he didn’t stop, he said it was due to the amount of cocaine in his system. He said it was an accident and he did not intentionally drive into the patrol car,” said Ms Quinn, who handed in a hand-written apology by Toomey to the judge.
Judge Sheehan said: “It appears to me it was an intentional act”.
The judge said he was not going to give his sentence on that date as he had a lot of documentation to read. He adjourned sentencing to this week.
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