A BODYBUILDER, who rammed and seriously injured two brave Limerick Gardaí, withdrew an appeal against his six-year sentence, imposed in 2023.
Evan Toomey (29), of Oak Park, Ennis, County Clare, left two members of the Limerick Garda Roads Policing Unit, Garda Niall Deegan and Garda Alan Griffin, with life-changing injuries when he drove a Mazda 6 car into their Garda patrol SUV, Limerick Circuit Criminal Court previously heard.
Mr Toomey was high on a cocktail of cocaine and cannabis and in possession of €3,000 worth of drugs when he became spooked as a Garda patrol car approached his Mazda at the carpark of the Crescent Shopping Centre on November 19, 2019.
The court heard that Toomey suddenly reversed away from the patrol car at speed, mounted a kerb, and drove the wrong way against the flow of traffic.
Toomey overtook an ambulance on the wrong side of a blind bend of a roadway at Mungret, County Limerick, then drove through a housing estate before entering the Limerick Tunnel, where he swerved the car across both lanes and drove through a toll barrier.
Garda Griffin and Garda Deegan, traveling in a Hyundai Tucson Garda patrol SUV, heard a call for back-up and joined the pursuit of Toomey’s car.
The two Gardaí activated their vehicle’s blue lights and parked it on Clonmacken Roundabout, in an effort to steer the Mazda away from the city centre and protect other motorists and pedestrians, Toomey’s sentencing hearing heard in October 2023.
The court heard Toomey mounted the roundabout island and smashed directly into the front passenger side of the Garda vehicle.
Prosecuting counsel John O’Sullivan, instructed by State Solicitor Padraig Mawe, and assisted by Garda Inspector Fergal Hanrahan, said Toomey “made no effort to evade the marked Garda vehicle, which was pushed across the roundabout and into a sign”.
Toomey, along with an unidentified front seat passenger, fled the wreckage, running into a nearby housing estate where they were later arrested.
Mr Toomey initially denied driving the Mazda but eventually admitted he was the driver after a forensic analysis of the car resulted in his DNA being found on an airbag at the driver’s side that deployed during the collision.
Toomey, who had 89 previous convictions, pleaded guilty to one count of causing criminal damage with intent to endanger life, which carries maximum life sentence. He also pleaded guilty to one count of dangerous driving, and to one count of possession of cocaine and cannabis, at the same location on the same date.
Garda Griffin sustained two cracked ribs, a broken sternum, whiplash, and tissue damage to his neck and shoulder. He underwent surgery to remove damaged sections of two vertebrae in his spine and he developed post-concussion syndrome as well as post-traumatic stress disorder and required further spinal surgery.
Garda Griffin stated in his victim impact statement: “I have been unable to complete the most simple of tasks, for example, changing my child’s nappy or dressing him; and lifting my child and performing everyday tasks like playing with him were extremely difficult.”
“I will never forget thinking my colleague was dead as he lay unconscious beside me. I will never forget November 19, 2019.”
Garda Deegan did regain consciousness following the collision, but continued to suffer pain to his neck, back, and shoulders.
Garda Deegan said he was diagnosed with post-traumatic stress disorder, and had to retrain his vision and re-learn how to balance himself.
Garda Deegan stated in his victim impact statement: “I genuinely thought that Garda Alan Griffin and I were going to die. There was no attempt by the driver, Evan Toomey, to take any avoidance action.”
Toomey’s own barrister, junior counsel Yvonne Quinn, told his sentencing hearing in October 2023 that his behaviour was “disgraceful and appalling”. She said her instructions were that Mr Toomey was “truly sorry”, adding that “drugs are at the root of his difficulties”.
Sentencing Judge Dermot Sheehan imposed a seven-year sentence, suspending the final 12 months, and said Toomey had engaged in an “outrageous” and “deliberate and intentional act”.
Moments before his appeal was due to be heard this Thursday (March 6), Ms Quinn said Toomey had instructed her that he “wishes to withdraw his appeal”.
The three-judge court allowed the appeal withdrawal and Toomey was returned to jail.
