John Carthy (9 October 1972 – 20 April 2000) was a 27-year-old Irish citizen with known psychiatric illnesses who was shot dead by the Garda Emergency Response Unit in controversial circumstances on 20 April 2000, after a twenty-five-hour siege at his home in Toneymore, Abbeylara, County Longford.
Background.
John Carthy, born 9 October 1972, was the only son of John and Rose Carthy. He had one sister, Marie, who was two years his junior. He was an avid Handballer and member of Abbeylara Handball Club. His father, with whom he was very close, died on 12 April 1990. In 1992 John was diagnosed with clinical depression and, subsequently with bipolar affective disorder. John's general employment was in the construction industry. He resided with his mother in an old three-bedroom house in Toneymore, Abbeylara. She and John were due to move from this old house to a new home that had been built on their land by Longford County Council as part of a rural housing scheme. The old house was due to be demolished. On 19 April 2000, the day prior to his death, John stayed in the family home all day with his mother. His mother's testimony to the Barr Tribunal indicated that John was very hostile to the move and that this was the primary topic of their discussions that day.
Like many people in the countryside, John Carthy was the licensed owner of a double-barreled shotgun, in this case a Russian-made IZh-43. His licence had been of limited duration prior to November 1998, when it was changed to an unlimited type, and this was subsequently renewed on 29 August 1999
Siege.
Day one: 19 April 2000.
At approximately 3:40pm on Wednesday 19 April 2000 John Carthy went to the cabinet that held his shotgun. He brought it, a full box of cartridges and his gun belt back to the kitchen demonstrating, according to his mother, that "no one was going to put him out of his house". He loaded the gun with two cartridges, went outside the hall door, and discharged two shots.
It is not clear whether John then forced his mother out of the family home, or whether she left at her own volition. However, Rose Carthy left the family home and travelled to her sister's house, two doors away. Mrs Carthy informed the Barr Tribunal that her son did not order her out of the home, despite rumours to the contrary at the time. She was, however, very afraid for her son. Rose Carthy asked her sister, Nancy Walsh, to ring the Gardaí in Granard, three kilometres away, to come out and "take the gun from John".
At 5:20pm Ann Walsh, John's first cousin, telephoned the Gardaí in Granard. Two Gardaí, John Gibbons and Colin White, were dispatched to the scene. It appears that Garda Gibbons knew John Carthy, as before he left Granard Garda station he took with him an official issue .38 Smith &amp; Wesson revolver and some ammunition. He also obtained a Garda flak jacket and put on a "civilian jacket" over the flak jacket. Garda White was unarmed, in uniform and was the driver of a marked Garda car.
At approximately 5:55pm on Wednesday 19 April 2000 the two Gardaí drove into the driveway of the Carthy home. Two shots were fired in rapid succession from an unknown place and in an unknown direction. They quickly reversed their car and observed the Carthy home from a safer distance. At this stage John Carthy's general practitioner, Dr. Patrick Cullen, was called to the scene. While waiting for Gardaí he said that approximately ten shots were fired "out the back of the house". Dr. Cullen was followed to the house by an armed detective, Garda James Campbell, in an unmarked Garda car. He warned the three Gardaí now present that John Carthy might be aggressive due to the "previous incident and alleged Garda assault". He also advised them that John Carthy may have consumed alcohol.
Nonetheless, Detective Garda Campbell and Garda Gibbons, both of whom were armed, decided to approach John Carthy's home. The Barr Tribunal remarked about this decision that "It may be of significance that the house was now being approached by two armed Gardaí in circumstances where there was information to the effect that John Carthy had been on anti-depressant tablets, was not holding any hostage, had discharged his weapon on a number of occasions, and that he might be aggressive to them because they were Gardaí".
Detective Garda Campbell attempted to talk with John Carthy but, in his evidence, said Carthy replied with an expletive and a threat to blow his head off. This exchange was followed by a shot at the Garda car, which was unoccupied. In total, John Carthy fired six shots by the time Detective Garda Campbell rang Granard Garda station with a request that they contact Superintendent Michael Byrne, who was in charge of the Granard Sub-District. Byrne instructed them to contact Superintendent Joseph Shelly in Mullingar. Shelly assumed command of the incident and ordered that a party of armed Gardaí be sent from Athlone station forthwith. En route to Granard Garda Station, Superintendent Shelly had another discussion with Superintendent Byrne and requested that armed Gardaí from Longford also be sent to Abbeylara. By 5:30pm, therefore, armed Gardaí and detectives from Athlone, Longford and Mullingar had been sent to John Carthy's home in Abbeylara.
At 6:45pm the divisional commander for Longford/Westmeath, Chief Superintendent Patrick Tansey, became aware of events. He contacted Superintendent Shelly by phone. These conversations led to the decision to deploy the elite Emergency Response Unit (ERU). Assistant Commissioner Tony Hickey issued the request for their deployment. Six members of the ERU were subsequently sent to Abbeylara from the Special Detective section in Harcourt Street, Dublin, where they were based. Five ERU members were required to deal with practical matters while the sixth, Detective Sergeant Michael Jackson, was a trained negotiator. The ERU arrived at 9:50pm. Among their weapons were Uzi submachine guns, a Heckler &amp; Koch assault rifle, a Benelli combat shotgun and SIG Sauer semi-automatic pistols.
While tactical control rests with ERU members on the scene, overall control rests with the divisional commander. During the Abbeylara siege, this was shared between Superintendent Shelly and Superintendent Byrne. The former was in command between 7:00am on 19 April and midnight. From midnight to 9:00am on 20 April, Superintendent Byrne was the Scene Commander and at 9:00am on the day of John Carthy's death, Superintendent Shelly resumed command.
Day two: 20 April 2000.
Superintendent Shelly officially took over at 9am, but had been back on the scene at 8:20am. Throughout the morning, numerous tactics were employed by the Gardaí to end the siege. John's cousin and close friend, Thomas Walsh, was brought in to talk with him.
John Carthy made somewhat confusing and poorly worded demands for cigarettes and a solicitor. The Garda negotiator saw this as a way of opening a dialogue so he told Carthy all they needed to do was ensure a safe method of delivery. In this Sergeant Jackson was technically breaking the negotiators' rule of 'no concession without one in exchange' but felt it worth it as it might calm Carthy and build some trust.
He repeatedly told John that someone could approach to leave them nearby if he put the gun on the table (beside which he was looking out the window towards the negotiation post as he was talking to Jackson) if he placed the rifle on the table and kept his hands in view. John replied with various rebuffs including "don't bother, don't bother".
As to the solicitor Carthy was told they could not send one in while he still had the gun. However, Gardaí could get one on the phone to advise Carthy, if he could tell them which solicitor to get in touch with.
Jackson feared that having someone encroach on the home while Carthy was resting, to drop cigarettes covertly, might cause Carthy irritation at the invasion of his security.
Carthy was quite vague on the identity of the solicitor and the scene commander thought it a waste of time to get one from the locality. 
At 12:24pm, John Carthy telephoned a friend, Kevin Ireland, and informed him he had no notion of hurting anyone, that he was simply keeping them at bay with the gun and that he wanted a solicitor, one by the name of "Mick Finucane". Carthy was confused about the identity of the solicitor he wanted. Carthy may have been alluding to Michael Finucane, the Belfast solicitor and son of the assassinated Pat Finucane.
At approximately 5:55pm on day two of the siege, Carthy exited the house. There were yells of "Armed Gardaí – drop your gun" and various words to that effect. Jackson asked Carthy in a more direct and pleading tone, noted in its distinct nature by witnesses, to drop the weapon. Jackson reluctantly drew his SIG Sauer pistol and attempted to bring Carthy down without killing him, with two shots to his legs. These shots did not bring Carthy down and he appeared not to notice them.
In these crucial seconds, which the Tribunal found to be around a minute's duration, the ERU team hesitated in opening fire, continuing to plead with Carthy to surrender. The hesitation was so complete that local armed officers in the outer perimeter began to think the ERU team would not fire and one remarked "we're gonna have to do it ourselves" and were within a second of opening fire when Garda McCabe took action.
Garda McCabe fired his Uzi at Carthy once, then again, both striking Carthy in the torso. Following the fourth shot, Carthy collapsed onto his side.
The ERU team moved in to disarm him and turning him onto his back saw he was critically injured. Medical help was summoned and they began immediate CPR. Despite various attempts to revive him, Carthy died quickly.
Calls for an inquiry.
On 25 April 2000, John Carthy's 25-year-old sister, Marie Carthy, held a news conference. Describing her brother as "intelligent, popular, hardworking, witty, gentle and a man who never let anyone down", Marie Carthy called for a full independent and public inquiry into the death of John Carthy five days previously.
Garda inquiry.
Marie Carthy's call came in response to two developments: first, the Garda investigation announced on the evening of the shooting on 20 April 2000 and, second, and more importantly, the Gardaí revelation that they would not make this report public. In a statement issued in response to public concern about the shooting, An Garda Síochána said that, under the Coroners Act of 1962, they were proceeding to hold an inquest into the death of the John Carthy.
FBI inquiry.
Coming under pressure to make their internal investigation findings public, the Gardaí requested the FBI in the United States to investigate their handling of the shooting. On 29 June 2000, the FBI reported their findings to the Garda Commissioner, Pat Byrne. The five-member FBI investigation concluded that the main problem with the Gardaí's operations on the day was that they waited too long to fatally shoot Mr. Carthy, and that he should not have been allowed to cross into the inner perimeter, putting unarmed Garda in the outer perimeter at risk and that ultimately use of deadly force was appropriate to protect themselves and others. In the words of the FBI report, "Garda personnel repeatedly and emphatically ordered Mr. Carthy to halt and throw down his weapon. Despite these warnings, Mr. Carthy was allowed to continue undeterred beyond the wall which served as one side of the inner perimeter and walk toward the outer perimeter which was manned in part by unarmed Garda officers...to allow Mr. Carthy to cross the inner perimeter armed after he had repeatedly ignored warnings and had previously aimed and fired his shotgun at Garda officers was inconsistent with accepted law enforcement practices in the United States".
Oireachtas Subcommittee inquiry.
On 8 March 2001 and responding to the growing disillusionment and distrust at the idea that the Garda were investigating themselves, the Irish government, still rejecting calls for a full public inquiry, instead established an Oireachtas subcommittee to investigate the shooting. The committee had seven members: Seán Ardagh, T.D. (FF) (Chair); Marian McGuinness, T.D. (FF); John McGuinness, T.D. (FF); Alan Shatter, T.D. (FG); Monica Barnes, T.D. (FG); Brendan Howlin, T.D. (Lab) and Senator Denis Donovan (FF).
However, on 23 November 2001, the High Court of