Judge Patricia Smyth imposed an extended custodial sentence for the attempted robbery consisting of 11 years in custody followed by an extended period of five years on licence
A 44-year old man currently serving a Life Sentence for murder was back in court today where he was sentenced for a botched armed robbery he committed whilst on bail.
In March of this year, Timothy Walker had a minimum 15-year sentence imposed upon him for the murder of Denis Shearer.
The 25-year old victim was subjected to a fatal attacked in the bedroom of his Fernmore Road home in Bangor in the early hours of February 28, 2021 and passed away in hospital nine days later.
Whilst on bail for this murder, Walker targeted an off licence on the Holywood Road in Belfast armed with an imitation firearm he had painted black to make it look more authentic and a flick baton.
Saying there was “no dispute” that Walker is a dangerous offender, Judge Patricia Smyth imposed an extended custodial sentence for the attempted robbery consisting of 11 years in custody followed by an extended period of five years on licence.
Belfast Crown Court heard the incident occurred on May 13, 2022 when Walker was on bail for the murder of Mr Shearer – and that following his arrest, Walker said he carried out the attempted armed robbery in a bid to be arrested and returned to custody.
The father-of-four, whose address was given as HMP Maghaberry and who is originally from Abbey Ring in Holywood, entered the Winemark store at around 9pm wearing a woollen hat and snood covering the lower part of his face.
He approached the counter and asked a male member of staff for cigarettes before pulling a black handgun from his jacket and pointing it at the employee.
After telling the staff member ‘open the till and give me the f*****g money’, the worker hit the panic button and refused Walker’s demand.
Following this, Walker walked round the counter, produced a flick baton then struck the employee around six times with the weapon around his head and body.
After Walker pushed this employee to the ground, a second member of staff intervened and the pair were able to restrain Walker until police arrived a few minutes later.
Officers seized the two weapons from Walker as well as duct tape and cable ties, with the court hearing that the gun seized was an air rifle and therefore an imitation firearm.
When he was interviewed the following day, Walker told police that his mental health had deteriorated and his intention was to get arrested and be returned back to prison.
He also told police that he had spray-painted the air rifle to make it look more realistic and had brought the duct tape and cable ties to make what he described as a ‘pretend robbery’ more authentic.
Walker subsequently pleaded guilty to three charges – namely attempted robbery, carrying a firearm/imitation firearm with intent to commit robbery and possessing an offensive weapon with intent to commit robbery.
Confirming Walker’s intention on the evening in question was to “get arrested”, defence barrister John Kearney KC said that after being restrained at the scene his client “does not try to escape.”
Mr Kearney said that in May 2022 Walker was “labouring under very significant mental health problems” and spoke of his client’s “very difficult psychiatric background”.
He added that Walker’s release on bail “came to an end with this offending.”
Judge Smyth cited several aggravating factors in the case which included eight previous convictions for robbery as well as the violence he used against the member of staff.
She also noted that Walker committed the attempted robbery whilst on bail for murder and is currently serving a Life Sentence for that offence.
Citing Walker’s offending as “very serious”, Judge Smyth said: “Robberies and attempted robberies of these kind of small businesses cause a great deal of harm to vulnerable people.
“Shop assistants are very often young people who are completely at the mercy of people who come in in order to commit robbery.”
She added that whilst the gun was an imitation, this would be “little comfort” to the employee who was “subjected to a terrifying attack” by a “masked and armed robber.”
The Judge said she accepted that Walker suffered trauma in his childhood and that drugs and alcohol have featured in his life since his teens which attributed to “psychiatric ill health and the commission of crime.”
She imposed the extended custodial sentence upon Walker but told him he would not be eligible to apply for release after serving half of the custodial element as he was the subject of a Life Sentence and will have to serve the entirety of the 15-year tariff in prison.
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