A SELF-EMPLOYED Limerick plumber seriously injured a man after firing a shotgun out of the window of his home last Saturday (January 13) because he feared his house was about to be attacked, a court heard today (Monday).
Jason Higgins (44), of Crecora Avenue, Ballinacurra Weston, Limerick City, is alleged to have fired the shots from his licensed over-and-under 12-gauge double-barrelled shotgun at around 4.40pm last Saturday afternoon.
Mr Higgins, who was charged with one count of possession of a firearm with intent to endanger life, is the owner of four licensed guns, including three rifles and one shotgun, Gardaí told Limerick District Court.
A man in his 30s, with close relatives residing in the Ballinacurra Weston area, was shot and seriously injured in the incident.
He has been recovering from his injuries at University Hospital Limerick after suffering gunshot wounds to his back and shoulder area.
Detective Garda Shane Kirwan, of Roxboro Road Garda Station, told a bail hearing that CCTV footage harvested by Gardaí from security cameras at Mr Higgins’ home shows a shotgun being “aimed” out of an upstairs bedroom window of the house and firing off two rounds.
The detective said Mr Higgins would have had to reload the gun after each shot.
Detective Kirwan said the video footage shows Mr Higgins exiting the house after the first two shots are fired from upstairs and discharging two further rounds over his front gate and “into the air”.
“It happened at 16.40, in daylight hours, in an area where children are often seen playing.”
Detective Kirwan alleged Mr Higgins is “clearly identified on the CCTV footage”.
He further alleged that after Mr Higgins was arrested, “he identified himself holding the gun used in the incident, and he is observed (on CCTV) discharging shots”.
Detective Kirwan said the shooting caused “a danger to life” as it happened in a built-up residential area, adding that the charge against Mr Higgins carries a maximum life sentence.
Opposing bail, the detective said he had “serious concerns” about Mr Higgins being released from custody. He said that, in his opinion, Mr Higgins had acted “recklessly” and that his alleged firing of the gun had been “dangerous and violent”.
He said Mr Higgins had fired shots out of his house and over his front gate “with no regard for safety of any members of the public”.
Gardaí retrieved two shotgun cartridges from a bedroom in Mr Higgins’ house.
Mr Higgins, his mother, his grown up daughter, and six-year-old granddaughter were in the house at the time of the shooting.
Under cross examination by Sarah Ryan, the accused’s solicitor, Detective Kirwan agreed that Mr Higgins was a self-employed plumber who had been in possession of licensed firearms for a considerable time period.
The detective also agreed with Ms Ryan that Mr Higgins had to complete a “rigorous” firearm application process, which is ultimately signed off by a Garda Superintendent.
Ms Ryan said Mr Higgins and other members of his family have alleged that they grew concerned for their safety when a man, who was not identified in court, was allegedly wearing dark clothing and a face covering and appeared to be acting suspiciously “pacing” outside their home moments before the shooting.
Detective Kirwan agreed with Ms Ryan that her client and members of his family have further alleged that when the masked man was asked what he was doing, he put his hand in a pocket of his clothing.
This caused the Higgins family to fear that “the house would be shot in”, Ms Ryan said.
Ms Ryan said Mr Higgins went to his gun safe and “fired shots believing the house was to be shot up”.
“If it goes in front of a jury, it will probably come down to whether you have the right to protect your property,” Ms Ryan suggested.
Gardaí have taken possession of Mr Higgins’ four legally-held guns, the court heard.
After the court indicated it was going to grant bail, Detective Kirwan suggested that Mr Higgins reside at an address away from Ballinacurra Weston.
However, Judge Patricia Harney said that Mr Higgns was “before this court an innocent person and he is entitled to live at his house with his elderly mother and children”.
Granting bail, the judge said: “It’s like this, it’s up to the Gardaí, if he has been targeted by someone, that he be protected by Gardaí. That is everybody’s right”.
Mr Higgins, who was released on bail, kissed and hugged members of his family in the courtroom.
He was remanded on his own non-lodgement bond of €100 to appear before Limerick District Court on April 8 for directions from the Director of Public Prosecutions.
