A father-of-five who beat his mother’s partner to death during a “vicious and sustained” assault - during which he repeatedly dropped a couch on his victim’s head - has been jailed for 13 years.
Andrew Nash (43), with an address in Thurles, Co Tipperary pleaded guilty to manslaughter four days into his Central Criminal Court trial earlier this year where he had been accused of murdering John Ustic (51) on September 24th or 25th 2017 at High Street, Skibbereen, Co Cork.
The State accepted his guilty plea.
On Friday, Mr Justice Michael MacGrath passed sentence on Nash, who had told others before the assault that Mr Ustic had been “at his mother”.
Ahead of sentencing, Nash took the stand to apologise for the killing. He said he is “deeply ashamed and disgusted with myself” and apologised to Mr Ustic’s family, to the court, gardaí and ambulance crew “for their experiences in the case”.
Mr Justice MacGrath said the offence fell into the highest category for manslaughter and attracted a headline sentence of between 15 and 20 years.
He described it as a “vicious and sustained” assault against a man who may have been, according to the evidence of a pathologist, “in a comatose state on the floor” when some of the injuries were inflicted.
But the judge also noted what he said were genuine expressions of remorse by Nash and his decision to take responsibility for the killing by pleading guilty to manslaughter.
The judge also noted the impact a prison sentence will have on Nash’s youngest children who now “face the latter part of their childhood years without the presence of a father figure”.
‘Decent, caring man’
The judge further noted a letter from Nash’s former partner who described Nash as a “decent, caring man with a good heart”.
Alcohol played a role in the offence and Mr Justice MacGrath said Nash has taken steps to address his alcoholism, is doing well in prison and has said he wants to “get work and be a better family person” when released and “take an active part in the upbringing of his children and grandchildren”.
Mr Justice MacGrath imposed a sentence of 14 years with the final 12 months suspended for two years on the condition that Nash work with the probation services.
Mr Justice MacGrath said that the deceased was born in Oxford in the UK and moved to Ireland in 2006 and was living in Skibbereen at the time of his death. In September, 2017 Nash travelled to Skibbereen after receiving a call from his mother, Suzanne Fenton.
Nash told others that Mr Ustic had been “at his mother”.
Nash initially went to Mr Ustic, who was in bed, and struck him a number of times causing a cut to Mr Ustic’s upper left cheek.
‘Calm and normal’
Matters continued in a “calm and normal way” the judge said but that night Nash, Mr Ustic, Ms Fenton and another man bought and drank “considerable amounts” of alcohol.
Shortly after 8pm they drove to High Street in Skibbereen, where Mr Ustic and Ms Fenton lived, but Mr Ustic was incapable of getting out of the car. He fell and banged his head off the ground and was left in the car park while the others went inside.
Locals became concerned and considered seeking medical help but Nash reemerged, carried Mr Ustic inside and told people that no medical intervention was required, the judge said. Once inside, Nash dropped the victim on the floor and left him lying at the bottom of the stairs.
Nash poured liquid over Mr Ustic’s face and put him in the recovery position. At about 9.43pm one of the others in the house witnessed Mr Nash “inflict violence on Mr Ustic” including by holding a couch above his head and repeatedly dropping it on his head and chest with “extreme force”.
‘Considerable violence’
Nash punched the victim and former State pathologist Professor Marie Cassidy noted a laceration above the eye that could have been caused by a bottle.
The cause of death was blunt force trauma to the head, chest and neck with alcohol consumption a contributing factor. Professor Cassidy said the level of alcohol in Mr Ustic’s system would have impacted his ability to defend himself.
Following the assault, Nash attempted to buy plane tickets at Cork airport then got a bus to the ferry port in Dublin where he left for Holyhead. Earlier, he was overheard in a shop responding to media reports about the assault on Mr Ustic by saying, “the world won’t miss” or “the world is better off without him”.
Mr Justice MacGrath said “culpability in this case is very high” and he noted the “considerable degree of violence used against Mr Ustic”, Mr Ustic’s inability to defend himself due to alcohol consumption and the “vicious and sustained” nature of the attack.
He said the fact that the initial contact between Nash and Mr Ustic may have been in response to a plea for help from Nash’s mother “in no way justifies or provides mitigating circumstances” for the accused.
He set a headline sentence of 17 years and six months but reduced that having considered the mitigating factors.