Woman (78) threatens gunman with broom

A DRUG addict who held up an Arva shopkeeper with a gun days after he was released on bail for the armed robbery of a shop in Cavan has been jailed for five years. Aidan Toner, Drumhaldry, Arva, pleaded guilty to the charges when he appeared before Judge John O"Hagan at Cavan Circuit Criminal Court. The defendant used a knife and a balaclava to steal €2,000 from Tom Boylan"s Spar Shop in Cavan, and a revolver in an attempted robbery at Smith"s Shop in Arva, which was foiled by 78-year-old Tess Smith brandishing a broom. The chase that ensued ended in a stand-off with gardaí in fields outside Arva, when Mr. Toner used a pit bull terrier as a shield. He was jailed for five years on the charge of attempting to steal from Francis Smith at Smith"s, Arva on December 27. He was also given a concurrent five-year sentence for stealing from Teresa Germyn, who was employed by Thomas Boylan, approximately €2,000, at Spar, College Street, on October 16, 2007. The sentences are effective from December 27, 2007. Replying to Ms Monica Lawlor, BL prosecuting, Detective Sergeant Jim Fraher said that on December 27, 2007 at Main Street, Arva in Smith"s shop an attempted robbery took place. The shop is run by 78-year-old Tessie Smith and her son Francis (51). At 1.45pm, a car stopped outside the shop, the accused got out, pulled a hood over his face and carried a firearm into the shop. He encountered Francis Smith and shouted 'open the till - I"ll shoot you'. Tessie Smith, on hearing the commotion and seeing the man brandishing the gun, said 'there"ll be no shooting here'. She had armed herself with a broom and on seeing this, the accused fled, got into a waiting car and headed in the Cavan direction. Tessie Smith noted the car registration and alerted the Gardaí in Cavan. Sergeant Willie Ward, who was off duty, and the Sergeant in charge of Arva Station got the call and followed the car. Garda Michael Moran and witness (Detective Sergeant Jim Fraher) were on patrol near the area. The combination of 'us coming from Cavan towards Arva and Sergeant Ward coming behind the suspect vehicle, meant it crashed in Drumshane'. Three people got out of the car and the two that were with the accused were captured immediately, but the accused fled. Det. Fraher said the accused carried a pit bull terrier with him and when 'there was a stand-off for about 15 to 20 minutes, when he wouldn"t come out of the field'. He used the terrier to shield himself from capture. 'Eventually he was subdued, I arrested him and he was conveyed to Cavan Garda station, where he was held and made admissions,' said Detective Sergeant Fraher. The gun was found and produced in court to Judge John O"Hagan, who examined it. Monica Lawlor, BL said there was evidence to show it constituted a firearm. Judge O"Hagan said 'there is no doubt about that'. Ms. Lawlor, reading from the statement of Mr. Smith, said: 'He put the gun to the right side of my head, my temple area. I was afraid of being shot at this stage as I felt the gun against my head. He said "I"ll shoot you".' Detective Fraher agreed that was correct. Ms. Lawlor said that when the gardaí were trying to apprehend Mr Toner, he sought the protection of his terrier, Keelo. 'He was shouting, "kill Keelo, kill the f**kers'. Det. Fraher agreed and said the only way he could describe Mr. Toner during those 15 minutes was berserk. 'I would say it was a combination of drink and drugs.' The detective said that in previous dealings Mr Toner had confessed he was a drug addict. He said he was a native of Manchester and moved to Drumhaldry, where his mother lives, in early 2007. He has one conviction in this jurisdiction (for theft), dating from March 26 last, and was sentenced to six months in prison at Cavan District Court. He has been in custody since the day of his arrest on December 27, 2007. Detective Fraher said: 'I don"t think she [Tessie Smith] would mind me saying that her actions on the day were those of a sprightly 78-year-old and she has also recovered fully from her ordeal, as has Francis Smith.' Traumatised Witness told Judge O"Hagan that Ms Germyn was traumatised by the other incident [in Boylan"s Spar] but: 'I"m happy to say she has made a full recovery and gets on with her job. I think she was quite happy that the person who carried out the robbery was located. He said the accused entered the shop wearing a balaclava, at 8.50pm on the day in question and employee Teresa Germyn was there alone. The accused had a knife with what Ms Germyn described as a 10-inch blade and he demanded money from the till. In fear for her safety, Ms Germyn opened the till and the accused grabbed the money, which totalled €2,000, and fled on foot up College Street. Det Gda Fraher said that in relation to this incident, Mr. Toner was arrested on December 13, 2007 and taken to Cavan Garda station. He admitted carrying out the robbery on his own, discarding the knife and keeping the cash - he claimed he owned a debt to another person. Gardaí searched for the knife but it was not located. Fergal Kavangh, SC defending, said his client starting drinking alcohol at 12 and dabbling in drugs at 14. He had been drinking heavily four nights a week and using heroin. At the time of the incidents before the court he was in a self-destructive mode and he made full confessions. 'He apologises and puts himself entirely at the mercy of the court, and he is anxious to do his time and put matters behind him.' Judgment In passing judgement, Judge John O"Hagan said that aggravated robbery with a level of violence contemplates a sentence of life in prison. He had to take into account that the defendant had pleaded early and had been in custody since December 2007. He was caught red-handed. If he had fought the case and been convicted by a jury, he would face eight years in jail. 'It would appear to me that the sight of 78-year-old Tess Smith with a broom was enough to put the frighteners on you and caused you to flee. People of that generation are feisty.' He said the accused had enough planning to get a knife and a balaclava, go into Tom Boylan"s Shop and threaten a young girl, get her to open the till, put his hand in and disappear with €2,000. 'You were arrested on 13 December and you admitted the offence. Then within a short space of time, on 27 December, you proceeded to carry out a second attempted robbery. This time you planned it again, as you had to arrange where to go to, then you armed yourself with a revolver, be it loaded or unloaded was of no consequence - the person against whose temple it was placed against had no idea whether it was loaded - and you demanded money.' The judge said the second offence was the straw that broke the camel"s back as far as he was concerned.