Brothers sentenced after telling shopkeeper 'you'll be shot dead'
00:00, 02 October 2008
Two brothers who held up a shop with a BB gun and a knife have been sent to custody.
David Mulcahy, 28, and his 17-year-old brother Alan told shopkeeper Janek Patel he would be shot dead unless he handed over cash.
He refused and the hooded robbers fled from Kings Road Stores in Herne Bay empty handed.
Mr Patel gave chase and recognised one of the brothers when his mask slipped as the man caught shoplifting on CCTV days earlier.
The shopkeeper was praised by the judge at Canterbury Crown Court for his bravery.
Judge Michael O’Sullivan said: “Mr Patel acted very bravely, standing his ground.”
He jailed David Mulcahy for five years and sentenced his brother to four years youth custody.
The two, of Elizabeth Court, Herne Bay, had admitted attempted robbery and Alan Mulcahy pleaded guilty to possessing an imitation firearm.
Prosecutor Denzil Pugh told how the alcoholic brothers had been drinking “large quantities” of beer and vodka in August.
When they ran out of alcohol the two hit upon a plan to rob their local store, wearing scarves over their faces and hoods.
Alan Mulcahy armed himself with the BB gun and the two walked into the store and began shouting at Mr Patel.
Mr Pugh said: “They demanded he open the till and said if he didn’t he would be shot and killed.
“But he didn’t. He just pressed the alarm and asked his wife, who was in another room, to call the police.”
David Mulcahy then produced a knife and began “stabbing down” on the counter demanding the till be opened.
He added: “When it was clear that Mr Patel was not going to do it, the two then fled after making more threats.
“But as they did, David’s mask slipped and he was recognised as someone who had been stealing from the store days earlier, which was caught on CCTV.”
Mr Patel followed the two outside and Alan Mulcahy once again aimed the gun at the shopkeeper’s head making death threats before running away.
Dominic Webber, defending, said it had not been a sophisticated attack – and was an “impulsive” offence committed when they needed more alcohol.
The judge told the older brother, a jobless fishmonger and father-of-two- that shopkeepers had a right to expect to be protected “from the likes of you.”
He also ordered that Alan Mulcahy remain on an extended prison licence for a further two years after his release.