Man challenged garda to fight ‘one on one’
The defendant shouted abuse at a garda, calling her a 'bitch'
A CARLOW man with 56 previous convictions has been sentenced to eight months in prison following a series of public order incidents across the town.
Dan Kelly, 34 The Crescent, Ferrybank, Waterford appeared before Judge Geraldine Carthy at last week’s sitting of Carlow District Court, where he pleaded guilty to all matters except failure to appear in court. Defending solicitor Chris Hogan represented him during the proceedings.
The court heard evidence of three separate incidents involving 34-year-old Mr Kelly. On 3 January 2025, Garda O’Keefe discovered the defendant sitting in the street at Potato Market in Carlow town with an empty bottle of vodka. Mr Kelly was observed stumbling towards Apache Pizza, where he shouted abuse at the garda, calling her a “bitch” and threatening to “take out his fucking camera” while using further profanity.
In an earlier incident on 13 November 2024, Garda Ryan found Mr Kelly in a highly-intoxicated state on John Street. He was arrested for being a danger to himself and others. As gardaí attempted to place him in the patrol car, Mr Kelly raised his hands and challenged officers, asking “do you want to fight, one on one”, while shouting obscenities.
A third matter related to a bench warrant executed by Garda Fitzpatrick on 7 May 2024 led to Mr Kelly’s arrest. Another matter occurred on 15 December 2024 at McDonald’s restaurant in Carlow town, where he was arrested for abusive behaviour and breach of the peace.
The court was told that Mr Kelly has 56 previous convictions, including 15 for Section 4 public order offences and four for abusive, threatening behaviour.
Solicitor Chris Hogan told the court that Mr Kelly had attended court on the day he was charged with failure to appear, but arrived late after the court had risen. He outlined significant personal difficulties facing his client, including addiction issues and recent bereavement.
“The mother of two of his children died recently, he didn’t get on with his in-laws and found himself homeless,” said Mr Hogan, adding that Mr Kelly had “picked up the bottle” and was “back using”.
The McDonald’s incident, Mr Hogan said, stemmed from a disagreement with his children’s grandmother. He described his client as “a pleasant and easy person to deal with” when not intoxicated, but added that Mr Kelly had been due to start a new job, but this was no longer the case.
Judge Carthy acknowledged Mr Kelly’s addiction issues but expressed concern about the ongoing nature of his behaviour. “His reaction after I dealt with him last week was poor. If he reacted that way in court, what is his behaviour like on the street? That Wednesday was not pleasant,” she said.
The judge adjourned the case over lunch to consider her decision.
Upon returning, Judge Carthy convicted Mr Kelly and imposed consecutive sentences totalling eight months. She sentenced him to two months for the Potato Market incident, a consecutive two months for the McDonald’s incident, and a further four months for the John Street incident.
Mr Kelly appealed bail following the sentencing.
