Man with epilepsy headbutted garda

Jailed for 11 months for assault and trespass

A VIRGINIA man has been sentenced to 11 months in prison for a number of offences including headbutting a garda and assaulting another.

Gavin Small (35) with an address of Termon, Virginia, appeared before Judge Raymond Finnegan at Cavan District Court charged with drugs possession, trespassing on a building, being intoxicated in a public place, “threatening a peace officer in the execution of their duty” and assaulting two gardaí.

All charges relate to June 23, 2025, when Small broke into a private shed.

When gardaí caught up with him later the same day, Small headbutted a Gda Tonry and “continued to be aggressive” when he was brought into Cavan Garda Station where he assaulted Gda Owen Finn.

Defence solicitor Catherine Taaffe said her client suffers from epilepsy and “other neurological problems” and at times “doesn’t know his name or where he is”.

Ms Taaffe said that while these lapses are “only momentary”, Gavin Small has struck out at gardaí before.

“It’s a continuous problem,” Ms Taaffe said, “He falls asleep in say, the bus station, wakes up and just strikes out.”

The solicitor said after Small got into the shed he “went to sleep”. However, Sergeant Damien Galligan interjected to say that the owner made a statement to say he watched Gavin Small rummage around his shed and put a hammer into his bag.

“Ah, so not so innocent,” Judge Raymond Finnegan remarked.

“Is this the same statement where the owner says he asked: ‘Who’s there?’ and Gavin Small said: ‘I’m looking for help’?” Catherine Taaffe asked in response.

Sgt Galligan said the injured party knows the defendant and “he concedes he did say he needed help”.

“He’s got a complicated history,” Judge Finnegan observed. “I know that because I’ve tried to get him help before and he didn’t take it.”

Ms Taaffe said Small is on a waiting list for mental health services and said that she has been trying to get help for him from as far back as last April.

The court also heard that when gardaí caught up with Gavin Small, he struck out headbutting Gda Tonry who sustained an injury above his eye. Judge Finnegan enquired if the member was put off work because of the injury and when he was told Gda Tonry was off work for a “short time” Judge Finnegan commented: “But he was out.”

Sgt Galligan told the court, Gavin Small has 29 previous convictions for mostly road traffic offences and one drugs possession charge.

Catherine Taaffe asked the judge if he would be “open” to see if the Probation and Welfare Service would help her client.

“That ship has sailed,” Judge Finnegan said before convicting and sentencing Gavin Small to five months in prison for assaulting Gda Tonry.

For assaulting Gda Owen Finn he was sentenced to an additional two months and for obstructing Gda Small, he was sentenced to a further two months imprisonment and finally, another two months for trespass.

Sentencing Gavin Small to a total of 11 months in prison, Judge Finnegan asked his solicitor is she required any treatment for her client and Ms Taaffe asked that he receive psychological assessment and treatment and the judge made an order in this regard.

All other charges against Gavin Small were taken into consideration.