Two teenagers have been jailed for nine years for the gangland murder of a gunman who shot dead another man at a restaurant in Dublin almost a year and a half ago.
David Amah, 19, from Hazel Grove, Portrane Road in Donabate, and a teenager who cannot be named because of a recent Supreme Court ruling, had pleaded not guilty to the murder of Tristan Sherry, 26, but were convicted at the Special Criminal Court in February.
Sherry was murdered after he shot and fatally injured Jason Hennessy Senior, who was out for a meal with family and friends on Christmas Eve 2023.
Three others have been jailed for four, three, and one year and four months respectively for violent disorder for their roles in the attack that night.
Amah, who was 17 at the time of the murder, "intentionally and repeatedly kicked, stamped, stabbed and struck" Tristan Sherry "with a chair". The teenager also kicked, repeatedly stabbed and stamped on Tristan Sherry's head.
The two convicted murderers have no previous convictions and come from hard-working, law-abiding families. Mr Justice Kerida Naidoo said the court does not find this to be such an exceptional a case as to require it to impose a life sentence on them.
The probation service found both to pose a low risk of reoffending.
Amah was sentenced to 12 years in prison with the final three years suspended because he now accepts what he has done, has shown remorse and has positive prospects.
The other teenager, who has also shown remorse and accepts what he has done, was also sentenced to 12 years in prison with the final three years suspended for three years.
Mr Justice Naidoo pointed out they were children in law at the time of the fatal attack and therefore do not necessarily face the mandatory life sentence for murder.
Three others: 19-year-old Jonas Kabangu from Corduff Park in Blanchardstown; 22-year-old Brandon Hennessy from Sheephill Avenue, Dublin 15; and an 18-year-old who also cannot be named for legal reasons, were also convicted of offences relating to the murder, namely violent disorder at Browne's Steakhouse on 24 December 2023.
Jonas Kabangu ran to the kitchen when the shooting started but came back out and kicked Tristan Sherry twice in the head when he was on the ground.
He was sentenced to four years in prison with the last year suspended for two years, a three-year jail sentence.
Another teenager came out from under the table where he had been hiding and stamped down on Sherry while supporting himself on two other people, while Jason Hennessy Senior's son, Brandon Hennessy, got a brush and a dustpan from the service area and hit Tristan Sherry twice as he lay defenceless on the ground with his pants and underpants pulled down.
His defence counsel pointed out that Brandon Hennessy witnessed the sudden attack on his father, which was described in court as a "horrific and terrifying experience for the 20-year-old".
His involvement in violent disorder lasted one-and-a-half minutes before he carried his dying father from the premises.
He has three previous convictions for drugs and road traffic offences.
The 22-year-old was sentenced to four-and-a-half years in prison with the final six months suspended for a year - a jail sentence of four years.
The final teenager, an 18-year-old who cannot be named because he was 17 at the time, was sentenced to two years and four months with the last 12 months suspended for two years, an effective jail sentence of one year and four months.
The probation report found he was at a high risk of reoffending, comes from a difficult background and showed physical signs of neglect.
Mr Justice Naidoo described events that night as "extremely serious" and said deterrence must be a feature of sentence to dissuade others that such violence is justifiable.
He also pointed out that while there was no victim impact in relation to the murder of Jason Hennessy Senior, he was no doubt missed by his family and that when confronted he was holding a baby and his first instinct was to put the baby out of harm's way.
Hennessy then tackled the gunman but was shot while playing a central role in disarming him.
A 23-year-old man, Michael Andrecut, from Sheephill Avenue in Blanchardstown, has already been sentenced to life in prison for the murder of Tristan Sherry.
A seventh man, 19-year-old Juares Kumbu, from Brookhaven Grove in Blanchardstown, who admitted removing a gun from the scene, was jailed for two years.
The judge also referred to the victim impact statements on behalf of Tristan Sherry's family.
His mother, Mary Hand, said in her victim impact statement that her son had been so badly beaten that she did not recognise him. She said she did not believe it when she was told he had been murdered on Christmas Eve and was brought by gardaí to identify her "first born child".
She said she looked at him and said "no, that's not my son".
"He had all his teeth knocked out" and there was blood coming from the back of his head and on to the floor, Ms Hand said.
She said that she has since tried twice to take her own life, is on eight tablets a night to relax her, and is "terrified" for herself and her daughter living in Blanchardstown.
Tristan Sherry's sister Savannah said she was pregnant at the time of her brother's murder and resting at home with her mother when "a peaceful calm Christmas eve", "getting the last presents" turned into something "like a horror film".
She said they went in to identify Tristan with three armed gardaí "with guns that made me feel we were in danger".
"It felt like I was in a nightmare. What more could anyone do to him."
She said Tristan's face looked different, he had no top on and there was blood on the floor. She had never seen a person dead before but she formally identified her brother after her mother said "that's not my son".
They have since "moved out of two homes out of fear of not being safe."
Gardaí patrol in a car or van around their home every night, she said, but they are still "terrified" of a broken window or other attack.
"Life is lonely, I no longer trust people. I wish I didn't see him. I have nightmares."
Ms Sherry also said that she had to avoid her phone because of the pictures, comments and information on social media.
"Others see it as entertainment or news," she added.
"Life will never be the same and our family will never have peace any time soon."
