'I don't want to do this' - Hung jury over Waterford shop assault
The trial resulted in a hung jury.
A jury failed to come to a verdict over an alleged assault causing harm inside a shop in Waterford City.
Brandon Lee, of 23 William Street, Waterford City, was charged with committing one count of attempted robbery and one count of assault causing harm contrary to Section 3 of the Non-Fatal Offences Against the Person Act. Mr Lee (31) pleaded guilty to committing one count of assault contrary to Section 2 of the aforementioned Act.
At Waterford Circuit Criminal Court Mr Lee was represented by Tom Giles Kelly, BL, under the instruction of solicitor Derrick Connors. A jury of eight women and four men listened to the evidence with Judge Eugene O'Kelly presiding over proceedings. Prosecuting counsel for the State Niall Storan outlined to the jury how the accused came into a shop, attempted to pay for cigarettes with a €2 coin, said to the shopkeeper, "You're a nice guy, I don't want to do this", and assaulted both the shopkeeper and his son.
On the afternoon of June 11, 2023, Mr Lee walked into The Viking Newsagent & Deli on Parnell Street in a state of intoxication. CCTV footage captured him going up to the counter and having a verbal exchange with shopkeeper and owner Eric Fitzsimmons Snr.
According to Mr Fitzsimons Snr, the accused asked for a pack of cigarettes and presented a €2 coin, stating: "That's all you're getting."
Mr Fitzsimmons related to the court how Mr Lee began acting aggressively and assumed a boxer pose. As he gestured at the door to leave, he was struck by Mr Lee.
He said: "I was showing him the door and he swiped at me."
Camera footage showed Mr Lee swinging his arm at Mr Fitzsimmons Snr as the latter came out from behind the shop counter. As the men entered into a physical confrontation, Mr Fitzsimmons Jnr came to the aid of his father. Mr Lee threw a punch at the father, missed, and hit his son. Both father and son attempted to bring Mr Lee to the ground to subdue him. During the melee, the accused bit Mr Fitzsimmons Jnr on the arm, causing him to scream out in pain. Mr Fitzsimmons Jnr was taken to University Hospital Waterford (UHW) for medical treatment, where he received tetanus and hepatitis shots.
Mr Fitzsimmons Snr said that he had never seen such behaviour during his 40 years working in retail. He told the court: "I was frightened for my life, I was frightened for my son's life. He (Brandon Lee) just lost the plot."
He went on: "He had unbelievable strength. I'm working in retail over 40 years. I was shocked; 99% of the time you tell anyone to leave and they leave."
Mr Lee pleaded guilty to assaulting Mr Fitzsimmons Snr at the outset of the trial.
Mr Fitzsimmons Jnr told the court that the defendant was screaming death threats at himself and his father during the incident.
The jury deliberated for several hours before delivering a not guilty verdict for attempted robbery and no verdict for Section 3 assault causing harm.
The matter has been sent back to the Director of Public Prosecutions (DPP).
