A father and son who were found to be in possession of a homemade slam-bang shotgun, a second improvised weapon, 20 rounds of ammunition, slash hooks and 23 petrol bombs when the Armed Support Unit (ASU) searched their home have been jailed for nine years and four years respectively.
Members of the Keenan family of Rochestown on the southside of Cork city had claimed that they were "in terror" that that they were coming under attack by a family with which they had a long-running feud.
Cork Circuit Criminal Court heard that Keenan family home had prepared for the anticipated arrival of the McDonagh family.
They had petrol bombs stored on upstairs windows and on the landing ready to be fired in the event of attack.
In sentencing father-of-10 James Keenan (56) and his son Peter (28), both with addresses at Island View in Rochestown, Cork, Judge Helen Boyle said that the behaviour of the family was more akin to "what would happen in downtown Los Angeles than Rochestown".
The court previously heard that when the ASU went to the Keenan family home in Cork city on 29 April 2021 to carry out a search, Mr James Keenan fired a shot from an improvised shotgun.
The cartridge lodged in a door which had banged closed.
However, a member of the unit sustained minor injuries to her elbow in the incident.
Defence barrister Tom Creed SC, said that his client James Keenan had initially thought that gardaí were members of a family with which they were engaged in feud.
Judge Boyle said that James Keenan had discharged a shot in spite of the fact that the ASU had clearly identified themselves as members of An Garda Síochána.
"You also tried to conceal an item in the wall. When that was searched it was found to be the improvised shotgun," she said.
Judge Boyle noted that James Keenan had 45 previous convictions.
However, she accepted that he had no history of violence towards gardaí and was remorseful.
She said a mitigating factor in the case was that James Keenan had entered a guilty plea and in doing so had saved impacted persons the trauma of giving evidence.
Judge Boyle said that whilst Keenan clearly felt he was under threat arising out of feud with another family there was no justification for having an improvised shotgun without a licence in his possession.
She said that as patriarch of the family Keenan was the "most culpable" of the defendants before the court.
Judge Boyle added that the member of the ASU who suffered injury to her elbow was lucky to escape a more serious injury.
Judge Boyle jailed James Keenan for 10 years suspending the final year of the sentence.
He had pleaded guilty to assault causing harm to a garda, possession of an improvised shotgun with intent to endanger life, possession of a shotgun cartridge with intent to endanger life and possession of 23 petrol bombs at his family home in Rochestown between 22 April and 29 April, 2021.
Meanwhile, Judge Boyle jailed Peter Keenan for five years suspending the last year of his sentence.
She took note of his serious health difficulties and of his role as a "carer" to his two children.
Judge Boyle said that an aggravating factor was that when the ASU went in to the Keenan family home Peter Keenan was holding a shotgun.
"I accept it was pointing downwards and that you were attempting to remove a cartridge. I accept you did not load the gun or point it at gardaí," she said.
In sentencing Peter Keenan the Judge took the 32 previous convictions of the defendant into account.
She deemed Peter Keenan as being the "secondmost culpable" on the day.
However, she said mitigating factors included the guilty plea and his full cooperation with gardaí.
Peter Keenan had pleaded guilty to possession of an improvised shotgun, possession of shotgun cartridges and possession of 23 petrol bombs.
Sentencing in relation to John Keenan (26) and Michael James Keenan (20), who are also sons of James Keenan, was adjourned for a year.
John Keenan, who now lives in Glengarriff, west Cork had pleaded guilty to possession of an improvised shotgun and cartridges in suspicious circumstances whilst Michael James Keenan, of Island View, Rochestown had pleaded guilty to having a firearm in suspicious circumstances.
Judge Boyle said that it was a tribute to gardaí that there was no loss of life on the day of the search at the house.
Cork Circuit Criminal Court previously heard that when gardaí entered the property to carry out the search they made it known to the family that they were members of the service.
However, James Keenan, who has pleaded guilty to assault causing harm to a member of the ASU, discharged an improvised shotgun with one garda sustaining minor injuries to her elbow arising out of the impact of the discharged cartridge.
Barristers for the defendants James Keenan and three of his sons Peter, John and Michael James previously put it to Det Inspector Danny Coholan that the Keenans were very anxious about a feud with the McDonagh family.
The family now claim that the feud with the McDonaghs is over.
Barrister Tom Creed SC representing James Keenan said his client had told gardaí that he was in fear of another family.
"James Keenan said they were preparing for an attack by the family. The Keenan family were greatly in fear. The family were so terrified that they went to extraordinary and illegal lengths. The [offence] was uncharacteristic of Mr Keenan," he said.
"The offences for which he has previous convictions are relatively minor and [many] are from when he was a much younger man," he added.
"Gardaí were aware of a feud between the Keenan's and the McDonaghs at the time. Tensions were high. This was a serious feud," he said.
Mr Creed said when the armed gardaí came into the house James Keenan "feared it was the McDonaghs".
"He feared its was the McDonaghs and not the gardaí arriving at the door. Slight difference of opinion exists as to when he became aware it was the guards. The shot hit the door. The garda suffered bruising to her arms and he apologised when he was arrested," he said.
"They went to extraordinary and illegal lengths that put lives in danger because he was in fear of his life," he said.
Detective Inspector Coholan said that all of the named defendants had told gardaí that they were anxious about a feud with the family.
"We didn’t take it lightly. Collectively, they have said that they are in fear and that there is a feud going on," he said.
Defence barrister Alice Fawsitt SC representing Peter Keenan said that the incident took place "in the space of a minute".
She said that her client has complied with the stringent bail conditions set down by the court.
The court heard that Michael James, who recently got married, has no previous convictions.
His defence barrister Seamus Roche SC said his client was not in the room when the shot was discharged and made an early plea in the case.
Ray Boland, defence barrister, SC, said that his client John Keenan was unarmed on the day and his only link to the incident was the fact that his DNA was found on a single shotgun cartridge.
He said that the overall offence was a "misguided attempt to fortify" the property.
Det Insp Coholan previously told Judge Boyle that members of the ASU showed extraordinary restraint when they were shot at while carrying out the search of the Keenan home.
"Sgt Brian Teahan and his team demonstrated great restraint – they did not return fire when a shot was discharged at them."
The court heard that members of the ASU were wearing full tactical gear including ballistic vests which clearly them identified them as gardaí with markings to that effect on the front and back of the clothing.
Det Insp Coholan said the sergeant in charge of the operation shouted "armed gardaí" and "search warrant" as another garda breached the door.
One garda entered first shouting: "Armed gardaí."
When she turned towards the sitting room off the hall she observed James Keenan, who was sitting on the sofa, discharge a firearm at her from the front sitting room.
"There was a 'bang’ or a 'pop’ sound and she shouted out: 'Shot being fired'. She immediately felt the impact of the shot being fired to her left arm," he said.
Fortunately the cartridge lodged in the door which had banged closed.
The garda incurred soft tissue injuries to her left elbow but was otherwise uninjured.
James Keenan shouted repeatedly ‘I’m sorry’ as he tried to conceal the weapon in a vent in the wall.
A gardaí forced him to the ground where he was handcuffed and removed.
Meanwhile, another garda shouted at Peter and John Keenan to come out of the kitchen and they were handcuffed and removed from the house.
Michael James Keenan ran out the back of the house and scaled a wall into another house.
He was pursued and handcuffed.
Det Insp Coholan said the two improvised firearms found in the house could not go off accidentally as the person holding them had to slam a bar into the barrel to detonate the cartridge.
He told the court that there was a large television in the sitting room which was connected to a CCTV system that covered the various approaches to the property including the front door which would have displayed images of gardaí as they approached the house and identified themselves.
Det Insp Coholan said that James Keenan had 49 previous convictions, including ones for threatening to kill, public order, minor assault as well as road traffic offences while Peter Keenan had 34 previous convictions including ones for possession of a knife, public order and road traffic offences.
John Keenan had 29 previous convictions including ones for affray, criminal damage, handling stolen goods and road traffic offences while Michael James Keenan had no previous convictions.
