John Paul McDonagh: Accused chose to 'engage in street battle'
- Published
A man charged with murdering a teenager "made the choice" to arm himself with a lethal weapon and engage in a street battle, a court has heard.
Joseph Joyce, 32, from Abercorn Road, Londonderry, is charged with murdering 18-year old John Paul McDonagh.
Mr McDonagh sustained a fatal leg wound during a street fight on 11 April 2020 in the Coolcullen Meadow area of Enniskillen.
Despite receiving hospital attention, Mr McDonagh died two days later.
CCTV footage of the fatal incident was played to a jury of eight men and four woman as the prosecution opened its case against Mr Joyce at Belfast Crown Court on Tuesday.
The senior prosecutor told the court that at the time of the fatal incident, the Joyce family lived at Coolcullen Meadow while the McDonaghs resided in neighbouring Drumawill Gardens.
Their gardens backed onto each other, and during the afternoon and early evening of 11 April 2020, the McDonaghs were having a BBQ in their garden and playing loud music.
At around 19:30 BST, a row broke out between Mr Joyce and the McDonaghs and, a short time later, three McDonagh brothers walked the short distance from their street to the Joyce's home.
When the two parties met, Mr Joyce had armed himself with a bottle of ammonia in one hand and a bladed scythe-like weapon in the other, whilst the McDonaghs were carrying a knife, bottle and garden hoe, the jury was told.
'This was not self-defence'
The prosecutor said: "Tragically during the course of this fight, which occurred on the street, John Paul McDonagh was fatally injured by Joseph Joyce, using the scythe.
"He punctured the leg, cut the leg of John Paul McDonagh and severed an important artery which tragically led to his death.
"He (Mr McDonagh) bled profusely at the scene, he was taken to hospital, he was unable to survive and died two days later."
John-Paul's brother Gerard also sustained a leg wound during the altercation.
When he was arrested on suspicion of murder, Mr Joyce provided police with a pre-prepared statement in which he claimed he was acting in self-defence.
He said he was protecting himself and his family in the face of an attack by the McDonagh brothers.
Disputing this claim, the prosecutor said "this was not self-defence", adding Joyce "made certain choices which the prosecution say were wrong choices and were unlawful choices".
The prosecutor said that if Mr Joyce had been in fear of the McDonaghs, he could have chosen to lock his front door and call the police.
He said instead of doing this, the defendant chose to arm himself with a "lethal weapon" which he had "no business bringing out on the street in the first place".
Mr Joyce, the prosecuting barrister added, then chose to engage in a street battle with the McDonaghs and to use the bladed weapon.
In the footage, which was played in court, the defendant could be seen striking at the McDonaghs with the scythe.
After being hit on the lower leg, John Paul McDonagh was captured on CCTV hopping away from the confrontation.
Mr Joyce was subsequently charged with five offences arising from the fatal incident.
He had denied murdering John Paul McDonagh, wounding his brother Gerard McDonagh with intent, possessing two separate weapons in a public place, fighting and making an affray.