Heat of the moment incident in row between neighbours over tree

A Westmeath man who told his estranged neighbour to phone an ambulance as he was “going to kill him” during a heated row over a fallen tree after Storm Éowyn has escaped a criminal conviction.

John Joe Bartley, Ranaghan, Castlepollard, first appeared at Mullingar District Court last June charged with trespassing on the home his neighbour and of causing €300 worth of damage when he was accused of throwing stones at the window of his victim’s home.

That incident, the court heard, took place on January 31, 2025 at Ranaghan, Castlepollard, culminating in close to €1,000 of damage.

At jurisdiction stage (which was accepted by Judge Owens), the court heard how the incident had arisen from Mr Bartley’s attempts to cut a tree that had fallen outside the home of his victim.

Sgt Sheila Kenny said hostilities escalated when the accused noticed the injured party looking out from his front porch.

Mr Barley, who pleaded guilty to both counts, began shouting obscenities, and his neighbour told the accused he would contact gardaí.

It was during that exchange, the court was told, that Mr Bartley advised him on two separate occasions to “ring an ambulance because he was going to kill him”.

Mr Bartley also attempted to gain entry to his neighbour’s home, only to find the doors had been locked.

Having failed in those attempts, Mr Bartley then picked up stones and began throwing them at a window, causing chips to th glass.

The incident came to a close when the accused shouted in the direction of the man for a second time before getting into his van and leaving.

The court heard how the man and his wife had been left “extremely shaken” by the incident and “upset” was caused to the couple’s four young children who were inside the house at the time.

Mr Bartley reappeared before the court in September and again in November where, it his defence solicitor said all €993 owed by his client had been paid in full.

Mr Kiernan told the court of the “tension” between the two men and insisted the only reason the tree was cut down was due to its “dangerous” positioning.

“There was an argument and Mr Bartley went on to the other gentleman’s property,” he said.

“He accepts that and when he wasn’t getting a response, the damage occurred to the window, which he has paid for.”

Having adjourned proceedings for a further six months, the case returned before Judge Owens to monitor affairs and to ensure there were no further incidents.

Mr Kiernan said there had been “absolutely no issue” involving the two parties since, which Sgt Kenny confirmed.

Judge Owens said the incident was in the “heat of the moment” and Mr Bartley had experienced a “rush of blood to the head”.

She said given that Mr Bartley had paid the full compensation, the court was prepared to give him an “opportunity that he won’t get again” by applying section 1 (1) of the Probation Act.