Case No. 2875Murder · Co. Dublin · 22 Feb 2022
Firearms expert testifies at trial of barrister Diarmuid Phelan accused of murdering trespasser Keith Conlon
Firearms expert Curtis Marshall told the Central Criminal Court trial of Diarmuid Phelan, 56, a barrister and law professor, that human beings 'shoot faster than they can observe changes in their environment.' Phelan is on trial for the murder of Keith 'Bono' Conlon, 36, who was shot at Hazelgrove Farm, Tallaght, Dublin 24, in February 2022 while trespassing on Phelan's land.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court12 Nov
8 reports - Verdict
- Sentenced
reportedhappened, not reportedlatest stagenot yet
Key facts
consolidated from all reports85 statements extracted from the articles
- whatPhelan said there had been attempted burglary at his farm (irishtimes.com)
- whatPhelan said there had been masked and armed men near his farmhouse at night (irishtimes.com)
- whatPhelan said buildings had been burnt down (irishtimes.com)
- whatPhelan pleaded not guilty to murdering Keith Conlon at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24 on 24 February 2022 (irishtimes.com)
- whatPhelan is a barrister, law lecturer and farmer who owns Hazelgrove, formerly a golf course, in Tallaght (irishtimes.com)
- whatConlon was shot in the back of the head when he had turned away to leave (irishtimes.com)
- whatGardaí had previously advised Phelan to be careful, retreat and call gardaí when he found intruders (irishtimes.com)
- whatThere was a distance of greater than one metre between Phelan and Conlon when the fatal gunshot was fired. (irishtimes.com)
- whatConlon was shot in the back of the head when he turned away to leave. (irishtimes.com)
- whatConlon was a father of four. (irishtimes.com)
- whatConlon was seriously injured and died at Tallaght University Hospital two days later. (irishtimes.com)
- whatA CT scan showed a complete fracture of the right parietal bone extending towards the front and across the coronal suture. (irishtimes.com, irishmirror.ie)
- whatMultiple tiny metallic fragments were found throughout the trajectory of the bullet in the brain matter on the right parietal and right frontal bones. (irishtimes.com)
- whatA haemorrhaging track where the bullet had gone through was found inside the brain tissue. (irishtimes.com)
- whatConlon weighed 67kg and was 5ft 5in or 5ft 6in tall. (irishtimes.com)
- whatThe projectile went from back to front within the skull cavity, slightly upwards and to the left, then towards the frontal lobe area. (irishtimes.com)
- whatThere was no powder tattooing or soot, confirming the distance was greater than one metre. (irishtimes.com)
- whatPhelan shouted at two trespassers to 'get back' before firing three shots from his Smith & Wesson revolver. (irishmirror.ie)
- whatThe State's case is that two of the three shots were fired into the air and the third connected with Conlon in the back of the head as he turned away to leave. (irishmirror.ie)
- whatThe scan showed multiple tiny metallic fragments throughout the trajectory of the bullet in the brain matter. (irishmirror.ie)
- whatConlon weighed 67 kg and was five foot five or six inches in height. (irishmirror.ie)
- whatThe entry wound was located three centimetres behind Conlon's right ear and five centimetres above that. (irishmirror.ie)
- whatThe projectile went from back to front within the skull cavity, slightly upwards and to the left, towards the frontal lobe area. (irishmirror.ie)
- whatThe brain was quite swollen from the injury and was heavy. (irishmirror.ie)
- whatThree men including Conlon trespassed on a wooded area of Phelan's land while hunting foxes or badgers. (irishmirror.ie)
- whatPhelan told gardaí he shot a dog with his Winchester rifle, after which three men immediately 'exploded' from the wooded area and began threatening him. (irishmirror.ie)
- whatPhelan said he was shaking with fear and 'scrambled' up a bank, then reached for his Smith & Wesson revolver and fired in the air, being 'stunned when one man went down'. (irishmirror.ie)
- whatA fire occurred on the defendant's property at Hazelgrove in 2016 when it was a disused golf club. (irishmirror.ie)
- whatPhelan purchased Hazelgrove in 2015. (irishmirror.ie)
- whatThe bullet penetrated the scalp at the right parietal bone and caused a skull fracture over the left orbital plate. (irishmirror.ie)
- whatThere was a displaced fracture of the left clavicle with soft tissue haemorrhage. (irishmirror.ie)
- whatThe deformed and fragmented bullet was recovered and became deformed as it hit bone. (irishmirror.ie)
- whatA toxicology report detected no evidence of drugs or alcohol in Conlon's system, but a postmortem urine test showed evidence of cannabis use. (irishmirror.ie)
- whatThere was a single gunshot entrance wound to the back of the head, the brain was swollen, and it was a distant gunshot wound with no defence or offensive injuries. (irishmirror.ie)
- whatConlon fell into a bunker with a total drop of 3.2 metres for his shoulder after the shot was discharged. (irishmirror.ie)
- whatThe distance between the muzzle of the gun and Conlon's head at the point of discharge was more than a metre. (irishmirror.ie)
- whatThe golf club was set ablaze on 13 March 2016, and there were three separate incidents of arson in three months in 2016. (irishmirror.ie)
- whatThree men including Conlon had trespassed on a wooded area of Phelan's land while hunting foxes or badgers. (irishmirror.ie)
- whatPhelan told gardai he shot a dog running loose towards his sheep with his Winchester rifle, after which three men exploded from the wooded area and began threatening him. (irishmirror.ie)
- whatThe other two trespassers were Kallum Coleman and Robin Duggan, and none of the recorded incidents were connected with them or Conlon. (irishmirror.ie)
- whatThe State's case is that when the third shot was fired, the gun was pointed in the direction of the deceased and Phelan intended to kill or cause serious injury. (irishmirror.ie)
- whatConlon was seriously injured on 22 February and died from a single gunshot wound to the head at Tallaght University Hospital two days later. (irishtimes.com)
- whatIn June 2016, Phelan encountered six trespassers on his land and was confronted, abused, threatened, shouted at and stoned. (irishtimes.com)
- whatThe three defendants were prosecuted for intimidating a witness but eventually pleaded guilty to breach of the peace. (irishtimes.com)
- whatThe three males who made threatening gestures were aged 17, 18 and 19 at the time. (irishtimes.com)
- whatThe prosecution says the third shot was fired with the gun pointed at the deceased, who was shot in the back of the head when he had turned away to leave. (irishtimes.com)
- whatPhelan owns Hazelgrove, formerly a golf course in Tallaght (irishtimes.com)
- whatThe third shot struck Conlon (irishtimes.com)
- whereThe incident occurred at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24, on 24 February 2022. (irishtimes.com)
- whereConlon was from Kiltalown Park in Tallaght. (irishtimes.com)
- whereThe shooting took place at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24 (irishtimes.com)
- whenConlon was seriously injured on 22 February 2022 and died at Tallaght University Hospital two days later. (irishmirror.ie)
- whenConlon was pronounced dead at 3.15 pm on 24 February 2022. (irishmirror.ie)
- whenConlon was seriously injured on February 22nd and died two days later at Tallaght University Hospital. (irishtimes.com)
- whenConlon was seriously injured in the shooting on February 22nd (irishtimes.com)
- causeThe absence of soot and powder tattooing indicated the shot was fired from a distance greater than one metre. (irishmirror.ie)
- causeKeith Conlon died from a single gunshot wound to the head with no contributory factors. (irishmirror.ie)
- causeConlon died from a single gunshot wound to the head. (irishtimes.com)
- causeConlon died from a single gunshot wound to the head at Tallaght University Hospital two days later (irishtimes.com)
- weaponPhelan fired three shots from his Smith & Wesson revolver (irishtimes.com)
- weaponPhelan fired three shots from a Smith & Wesson revolver. (irishtimes.com)
- weaponA deformed lead projectile measuring 0.8 cm was retrieved from Conlon's head. (irishmirror.ie)
- weaponPhelan used a Smith & Wesson revolver. (irishtimes.com)
- investigationState pathologist Dr Heidi Okkers carried out the postmortem at Dublin District Mortuary on 25 February 2022. (irishtimes.com)
- investigationDetective Sergeant Mary Fitzpatrick commented on a compilation of 89 crimes in the Tallaght area documented in local press over a 22-year period. (irishmirror.ie)
- investigationGarda Kevin Bohan conducted a review of the Garda Pulse system for records of incidents at Hazelgrove Farm and the golf club between 2014 and 2024. (irishmirror.ie)
- investigationDetective Garda Mark Short gave evidence about the video clips. (irishtimes.com)
- chargePhelan, 56, has pleaded not guilty to murdering Conlon, 36. (irishtimes.com)
- chargeThe defence case is that Phelan was entitled to discharge the firearm in a legitimate act of self-defence and the penetration was an accidental, unintended result. (irishmirror.ie)
- chargeThe State's case is that the accused intended to kill or cause serious injury when the third shot was fired. (irishmirror.ie)
- chargePhelan, 56, has pleaded not guilty to murdering Conlon, 36, at Hazelgrove Farm, Kiltalown Lane, Tallaght, Dublin 24. (irishmirror.ie)
- chargeThe State's case is that the third shot was fired with the gun pointed in the direction of the deceased, who was shot in the back of the head when he turned away to leave. (irishtimes.com)
- chargeThe prosecution says the accused intended to kill or cause serious injury. (irishtimes.com)
- courtThe trial is before Ms Justice Siobhan Lankford and a jury of nine men and three women (irishtimes.com, irishmirror.ie)
- courtThe trial is before Ms Justice Siobhan Lankford with a jury of nine men and three women. (irishtimes.com)
- courtRoisin Lacey SC is prosecuting and Sean Guerin SC is defending. (irishtimes.com)
- courtFour of the intruders were charged with trespassing and criminal damage at Tallaght District Court, and three were convicted. (irishtimes.com)
- courtThe trial is before Ms Justice Siobhán Lankford and a jury of nine men and three women. (irishtimes.com)
- courtThe prosecution was expected to close its case the following morning. (irishtimes.com)
- sentenceOne of the three defendants served a custodial sentence and the other two received suspended sentences. (irishtimes.com)
- otherPhelan won bronze in three pistol competitions and a gold medal in rifle discipline. (irishtimes.com)
- otherCurtis Marshall is a firearms expert and former special agent with the US Department of Justice (irishtimes.com)
- otherPhelan said he intended only to fire warning shots (irishtimes.com)
- otherMarshall said Phelan could have discharged his revolver three or possibly four times in the short amount of time it would have taken for Conlon to turn his head (irishtimes.com)
- otherMarshall said no law enforcement authorities would use warning shots except the coast guard (irishtimes.com)
The reporting
newest first- 22 Nov2024People ‘shoot faster than they can observe changes in their environment’, firearms expert tells trial of barrister
Firearms expert Curtis Marshall gave evidence on his second day, testifying about reaction times under stress and the speed at which a revolver can be fired. The prosecution outlined the case that three men trespassed on Phelan's land while hunting, and Phelan fired three shots from his Smith & Wesson revolver, the third of which struck Conlon in the head.
victim, 36, male, irish (judged from name)accused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 20 Nov2024Diarmuid Phelan won bronze in pistol competitions, court hears
Details Phelan's shooting competition history (bronze in three pistol competitions, gold in rifle, beginners' category, 'somewhat pedestrian' scores) and the prosecution's closing address outlining the State's case on intent and the defence's self-defence argument.
victim, 36, male, irish (judged from name)accused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 19 Nov2024Law professor who denies murdering trespasser was ‘stoned’ by six men on his land in separate incident
Adds testimony from Garda Stephen Murray about a 2016 confrontation in which Phelan was stoned by six trespassers, the 2017 District Court incident in which three defendants made threatening gestures, the subsequent breach of the peace convictions, and the prosecution's account of Phelan firing his Smith & Wesson revolver in the air before Conlon fell.
victim, 36, male, irish (judged from name)accused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 18 Nov2024Diarmuid Phelan trial: Jury view ‘upsetting’ animal attack videos from phone of trespasser
Describes the jury viewing animal attack videos from the deceased's phone, the State's and defence's cases on the shooting, and Phelan's account of the incident. Trial before Ms Justice Lankford continues.
victim, 36, male, irish (judged from name)accused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 14 Nov2024Diarmuid Phelan: Court hears Keith Conlon died from single gunshot wound to head
State pathologist Dr Heidi Okkers testified on the cause and manner of death, the bullet's trajectory, and the absence of contributory factors. The court heard evidence of the history of incidents at Hazelgrove Farm (arson, trespass, theft) and the prosecution's case that Phelan intended to kill or cause serious injury, against the defence case of legitimate self-defence.
victim, Keith Conlon, 36, male, irish (judged from name)Keith Conlonaccused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 13 Nov2024Dermot Phelan trial: 'Intruder' was more than 1 metre away when fatal shot fired
Pathologist's evidence on distance of shot, postmortem findings (fractured parietal bone, deformed projectile, bruising); prosecution opening address detailing the sequence (dog shot, three men emerged, Phelan fired three shots); defence evidence on 89 local crimes over 22 years; details of the three trespassers and the 2016 fire at Hazelgrove.
victim, Keith Conlon, 36, male, irish (judged from name)Keith Conlonaccused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 13 Nov2024Diarmuid Phelan trial: Distance of more than one metre between barrister accused of murder and victim when fatal shot fired
New trial evidence on the distance between Phelan and Conlon at the time of shooting, the bullet trajectory from the postmortem, and the absence of powder tattooing confirming a distance greater than one metre. The judge indicated the prosecution case is near its conclusion.
victim, Keith Conlon, 36, male, irish (judged from name)Keith Conlonaccused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan - 12 Nov2024Diarmuid Phelan trial: ‘Racist and disgraceful’ to suggest he saw himself as above men with dogs
Reports evidence from Phelan's fourth and final garda interview, in which he denied being the aggressor, described the three men as 'exploding' out of bushes 'screaming and roaring', and rejected the suggestion he saw himself as above people with dogs. Also details the State's case that two of three shots from his Smith & Wesson revolver were fired into the air and the third hit Conlon in the back of the head as he turned to leave.
victim, Keith Conlon, 36, male, irish (judged from name)Keith Conlonaccused, Diarmuid Phelan, 56, male, named, irish (judged from name)Diarmuid Phelan