A Clare man has been jailed for threatening to set fire to a hitch-hiker after pulling out a plastic bottle full of petrol.
At Ennis Circuit Court, Judge Francis Comerford imposed a prison term of four years and five months on Brian Joyce (31) and suspended the final 12 months.
The judge said in "terrifying circumstances" Joyce had made "rational, repeated and highly credible threats to harm a perfect stranger".
Joyce, of St Enda's Park, Beechpark, Ennis, Co Clare, pleaded guilty to threatening to kill or cause serious harm to Cork man John Hourihan between Lahinch Road in Ennis and Monreel South, Ennistymon, on the N85 on August 13th last year.
Joyce made the alleged "light you up" threat to Mr Hourihan while Joyce’s pregnant partner was driving and their two young children aged 7 and 9 were back seat passengers along with two puppy dogs.
Mr Hourihan was hitch-hiking to Lahinch from Ennis at about 5.30pm on August 13th when he was picked up.
Garda Amy O’Connor said Mr Hourihan got into the back seat and front seat passenger Joyce said he wanted money for giving him a lift, which was disputed in court by counsel for Joyce, Amy Nix BL.
Garda O’Connor said Joyce pulled out a Powerade bottle containing petrol and threatened Mr Hourihan that he would set him alight if he did not pay them money.
The garda said Mr Hourihan felt his life was in danger and was afraid that Joyce would burn him.
Mr Hourihan then lunged forward and managed to snatch the bottle from Joyce and demanded that the car be stopped, the court was told.
Garda O’Connor said the car stopped and Mr Hourihan got out before the silver Golf drove off.
When the 2017-registered Volkswagen car came back down the road, Mr Hourihan had his phone out and took photos of Joyce and his partner in the car.
Garda O’Connor said that Joyce’s DNA was taken from the Powerade bottle and the Judge said there was no explanation for Joyce having the bottle of petrol in the car.
The garda said Joyce has a number of previous convictions, including one for causing serious harm where he attacked a young person with blades causing 200 stitches.
On behalf of Joyce, Ms Nix said the facts of the incident were “frightening and deplorable and Mr Joyce knows that”.
Joyce has been on remand in custody on the offence since August and Ms Nix said that her client missed the birth of his third child while in custody.
Ms Nix said that Joyce accepted that his reaction in the car as over the top, ridiculous and wrong.
In a letter of apology, Joyce said: “I know my apology is a drop in the ocean when compared to how I must have made him feel”.
“I am deeply, deeply ashamed and remorseful of what I did and I regret it with all my heart. During my time in custody I have huge realisations about how serious words can be".
“I made the remark with no intention behind it but I can see how it was perceived.”
Joyce said the deaths of his father in 2013 and a brother in 2017 had made him emotionally numb.
Ms Nix said Joyce has zero ill feeling towards Mr Hourihan.
She said Joyce has been diagnosed bi-polar, schizophrenia and depression and is being treated for those conditions.
Ms Nix said Joyce has made great progress while in custody where he worked as a cleaner in prison and has not picked up any disciplinary notices.
The judge backdated the prison term to August last year when Joyce first went into custody.
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