Jail for drug addict burglar who threatened to infect retired fire officer with AIDs
A Dublin drug addict who was tackled to the ground after breaking into a retired fire officer's home has been jailed for six years.
Dublin Circuit Criminal Court heard William Deans (57) struggled with the then 73-year-old home owner and two neighbours while lashing out and threatening to infect them with AIDS.
In his Victim Impact Statement, Michael Hempenstall paid tribute to his neighbours and said “if bravery medals are available to members of the public then these should be distributed to them”.
He detailed how he had to move from his home of 21 years to be closer to his daughter as the offence had changed his life forever.
He said he had been very “content and happy” but began to feel “fear and trepidation” in his home. He described how a physical condition brought on by stress from the offence had hospitalised him for six weeks and prevented him from swimming until everything healed.
Deans, of Rutland Cottages, Dublin 1, pleaded guilty to trespass, theft and assaulting Mr Hempenstall causing him harm at Clonliffe Avenue, Ballybough, Dublin 3, on January 8, 2016.
He also pleaded guilty to damaging a door at the injured party's home on the same date.
Deans has 111 previous convictions, including dangerous driving causing death, burglaries, robberies, assaults and drugs offences.
Garda Eamon Honan told Dara Hayes BL, prosecuting, that Mr Hempenstall had come home from visiting his daughter and grocery shopping, when he noticed his front gate open.
The injured party later told gardaí that when he put his shoulder to his front door, it just swung open and he could see a man running downstairs repeating “where's the money”?
The intruder claimed there were three other men in the house and then he pushed Mr Hempenstall into the living room and onto the couch.
During the struggle, the injured party was able to open a window and call for help. Deans started throwing punches and kicks at the homeowner and the fight continued into the kitchen where a neighbour joined in.
All three men ended up on the ground with Deans still kicking and lashing out. Mr Hempenstall managed to phone his daughter and tell her to call gardaí.
The court heard Deans threatened to kill Mr Hempenstall and his neighbour before kicking and smashing the glass door in the kitchen.
Deans threatened that he had AIDs and would infect Mr Hempsentall. Gda Honan said the injured party later told gardaí that the intruder tried to bite his hand.
Another neighbour arrived on the scene and the men held Deans on the ground until gardaí arrived shortly after.
Gda Honan said Deans was abusive in the patrol car after arrest and possessed items, including pay slips, glasses and cuff links taken from the house. Gda Honan agreed with Fiona Murphy SC, defending that her client's behaviour on arrest was consistent with his history of drug abuse.
The garda further agreed that Deans had written a letter of apology which had been forwarded to Mr Hempenstall.
Ms Murphy submitted to Judge Melanie Greally that her client “had a very heavy heart” from his behaviour and was ashamed and disgusted with himself.
She further submitted that Deans was now drug free. She said her client was abusing medication on the day and genuinely believed he was helping Mr Hempenstall with his shopping.
Judge Greally noted the assault on Mr Hempenstall, which included sustained violence, threats and attempting to bite him, was at the upper range.
She noted the injured party's age and vulnerability, but also accepted that Deans had been making efforts to rehabilitate while in custody.
She imposed a seven and a half year sentence with the final 18 months suspended. She backdated this to May this year to give Deans credit for the five months he has already spent in custody on the matter.
