Man whose accomplice sprayed corrosive liquid in garda's eye jailed for assault

Sonya McLean

A man whose female accomplice sprayed a strongly alkaline corrosive liquid into the eye of a garda has been jailed for assaulting two gardaí who were trying to arrest him.

David Hearns (34) called out to his female accomplice to “get the bottle, get the bottle” while gardaí Colin Byrne and Ben Fallon were trying to arrest him.

Hearns and the woman had just driven into a Dublin flat complex at high speed, in a stolen car, having just stolen over €400 worth of items from a nearby hardware store.

Hearns’ co-accused has denied the charges. She was due to go on trial but a warrant was issued for her arrest when she didn’t show up on her trial date.

Hearns, of no fixed abode, pleaded guilty to two charges of assaulting a peace officer in the course of their duties at Basin Street Flats, Dublin, on September 21st, 2023. He also pleaded guilty to theft and allowing himself to be carried in a stolen car on the same date.

Detective Sergeant Hugh O’Farrell told Pieter Le Vert, prosecuting, that Gda Byrne and Gda Fallon spotted the stolen GoCar driving recklessly with no headlights on and got the driver to stop the car.

Hearns tried to run away but he was tackled by the gardaí. Gardaí tried unsuccessfully to use pepper spray on Hearns which was when he called out to the woman to “get the bottle, get the bottle”.

She returned and sprayed the liquid into the face of Gda Byrne.

Det Sgt O’Farrell said in the course of trying to arrest Hearns, Gda Fallon fell to the ground due to the struggle. He injured his back in the fall and was out of work for a few days. He has since made a full recovery.

Judge Orla Crowe said for two gardaí to be subjected to assaults of this nature was “shameful” – particularly as they are working to protect a law-abiding society.

She said the liquid sprayed into Gda Byrne’s face was a strongly alkaline corrosive liquid and it temporarily rendered the garda blind.

Gda Byrne was treated immediately by colleagues at the scene and later required follow-up treatment in hospital. He had an eye infection for a number of days but has made a full recovery and his sight has not been impacted.

Judge Crowe noted that Hearns was identified after gardaí viewed CCTV footage and also after facial identification software was used.

She noted that a nurse at the hospital where Gda Byrne was treated told him that if the liquid sprayed into his face had not been diluted as it was, he would have been left with life altering injuries.

“This is shocking for anyone to hear – let alone someone carrying out their law-abiding duty,” Judge Crowe said.

The judge accepted that it was Hearns' co-accused who sprayed the substance from the bottle but said that Hearns was “jointly liable” because he asked her to get it from the car.

She accepted that Hearns is genuinely sorry for his role and that he comes from a pro-social family. There was evidence that he fell into drug abuse following the death of a friend by suicide.

Judge Crowe set a headline sentence of five years. She reduced this to three years which she said must be served consecutively to a term Hearns is currently serving, which he is due for release from in June 2027.

She suspended the final 12 months of the term on strict conditions including that he engage with the Probation Service for 12 months upon his release.

A victim impact statement from Gda Byrne stated that he had immediate and extreme pain in his eye from liquid being sprayed into it. He also instantly lost his vision but that was full restored following an “uncomfortable procedure” in hospital.

Gda Byrne had previously undergone laser eye surgery and he was concerned that the liquid being sprayed into his eye could undo the work the surgery did.

He is nervous now dealing with conflict during his working day and “always worries about the worst-case scenario”.

A victim impact report from Gda Fallon stated that he strained a muscle in his back. He said he was hesitant to stop vehicles after this, which hindered his ability to do his duties.

He was unable to attend training sessions and exercise for a period of six weeks, which impacted his physical and mental health.

Det Sgt O’Carroll said the GoCar had been stolen from Ashfield Road in Ranelagh on September 16th, 2023. Officers analysed footage from local CCTV cameras but were not able to identify the thieves.

On September 21st, 2023, a Henry Hoover and other items, such as weed killer were stolen from a Woodies on the Naas Road in Clondalkin.

Hearns paid for a small number of items while his co-accused went round to the fire exit with a trolley of stolen goods. These were then loaded into the GoCar and Hearns drove off.

Sarah Jane O’Callaghan, defending, said her client had been a very talented footballer and came from a pro-social, hard working family.

She said he found a friend who had died by suicide and he soon became addicted to drugs, which led to both drug debts and offending.

He has since amassed a large number of previous convictions with “consistent themes in his offending involving drugs and cars”, O’Callaghan said.

She acknowledged the seriousness of the offence but submitted there was “a huge distinction” between her client and his female accomplice.

“It was his intention to evade capture, not his intention to cause any harm to any member of An Garda Síochána. His behaviour was utterly reactive and not intentional,” O’Callaghan said.

“He is extremely lucky that the garda did not receive more serious injuries. He is taking full responsibility for his actions,” counsel submitted.

O’Callaghan said the father of two has had “huge time to reflect” while in custody, adding that “drugs have destroyed him”.