Portadown man threw chair through window of Domino's Pizza store in Cookstown, court told

Damian James McKernan, aged 43, from Woodside Hill, Portadown, faces charges of criminal damage, assault on police and disorderly behaviour at William Street, Cookstown.

The court heard the store manager called police on September 24, 2024, to report that an intoxicated male within Domino's who was fighting with another customer, had thrown a chair through the window.

Prosecuting counsel said McKernan had been wrestling with the other customer and then fell and hit his head and was lying snoring on the floor.

The lawyer said police found him lying on the ground and checked his pulse and breathing to check his condition.

When officers went to check the customer, McKernan came round and became aggressive and was told by police to calm down to which he told them to “f*** off”, the court heard.

Counsel said they tried to get McKernan to come out of the store, but he continued to be aggressive and punched an officer on the left shoulder and the officer hit him with his palm and pulled him down to the floor.

He was handcuffed and lying on his side and was verbally aggressive towards police and began kicking out at police striking one constable.

The defendant was later cautioned for criminal damage and assault on police.

The prosecutor added that he did not have a compensation figure in respect of the damaged window.

District Judge Francis Rafferty remarked that McKernan had told Probation that he would not be suitable for community service because of his health issues.

Mr Rafferty said here was a man who was wrestling and fighting with a customer and police and yet he does not think he is fit to do community service.

The judge adjourned the case until May 1 and told McKernan to re-engage with the Probation Service.

"Surely there is some work they could find him to do within the community", he added.

He warned McKernan that if he failed to enage with Probation, the alternative was a custodial sentence.