A shoplifter who held a scissors to a store manager’s chest in a threatening manner, will avoid a five-month jail term if he is deemed suitable to carry out community service instead.
Adrian Comiza (22), 52 Fearan Rí, Doughiska, had denied a charge of producing the scissors, which was sharply pointed, to intimidate and threaten staff at Aldi, Westside on April 14 last, when he appeared before Galway District Court.
He did plead guilty to stealing food items worth €7.06 on the same occasion.
With the help of a Romanian interpreter, Comiza also pleaded guilty to stealing €101 worth of clothing which he and and his future brother-in- law, Remi Macula, had packed into a suitcase they had taken off a shelf before walking out of Penney’s at Galway Shopping Centre on March 29 last – two weeks before the Aldi shoplifting offence.
Macula was sentenced to four months in prison for that offence last July at Galway District Court and lodged €700 cash in court at the time to appeal the severity of the sentence to the Circuit Court at a future date.
Comiza further pleaded guilty this week to driving without insurance, tax or a driving licence near his home on February 14 last.
The manger at Aldi, Westside, and a security guard gave evidence in relation to the contested charge that they noticed a group of people acting suspiciously in the store and they watched them on security cameras.
Comiza was seen placing food items into a small pouch or “man bag” which was tied around his waist, before they all left the store.
Both staff members followed him outside and asked him to return to the store, but they then noticed he was waving a scissors at them.
Store manager, Stephen Shannon, gave evidence that while he was asking Comiza to come back into the store, Comiza held a pair of scissors up to his chest. “He was just two feet away from me,” Mr Shannon said.
The store’s security guard, Paul Sylvester, said he advised Mr Shannon to step back from the accused.
Mr Shannon said the people who were with Comiza, (which the court later heard included his partner, Violeta Macula, and an older couple), surrounded them and started to push them so that Comiza could get away.
Comiza jumped over a railing and ran while both men shouted at him to stop.
A student, who happened to be walking by, tried to apprehend him but Comiza punched him in the face.
Both store staff caught up with Comiza, restrained him and brought him back to the store’s office.
Defence solicitor, Michael Cunningham said his client had no money to buy food that day for his partner. He said Comiza had instructed him that he waved a shiny pencil at the men and never took the scissors from his bag.
Garda Fitzmaurice, who was called to Aldi that day, said Comiza admitted that he had produced the scissors to intimidate staff so that he could get away.
Judge Mary Fahy observed that Comiza’s partner, Violeta Macula – who was present in court – had a lot of previous convictions for shoplifting offences. “I’m concerned about the company he is keeping,” the judge said.
Hearing Comiza had no previous convictions at the time of these offence, Judge Fahy convicted him of the contested charge.
She remanded him on continuing bail to January 30 for a Community Service Report and said that if he was deemed suitable by the probation service he was to carry out 150 hours’ community service in lieu of a five-month prison sentence for that offence.
The judge convicted and fined him €500 and disqualified him from driving for two years for driving without insurance. She imposed a €200 for not having a driving licence.