Patrick Gerald Somers, a 19-year-old apprentice tattoo artist from Hillview Park, Enniskillen, was given a combination order of 100 hours of community service and 18 months' probation, during which he is to participate in an Anger Management course and the Think First programme.
His 18-year-old brother, Paul Somers, from Drumbeg, Enniskillen, was given 140 hours of community service after the court heard the offence was committed before another offence for which he was sentenced to nine months in prison, suspended for three years.
A prosecutor told the court that about 1.30am on Sunday, March 4, police saw Patrick and Paul Somers standing outside the Bush Bar at Townhall Street in Enniskillen. Patrick Somers was aggressive and shouting while Paul Somers was trying to calm him down. Patrick Somers pushed his chest out and pulled his shoulders back, shouting at police: "Come on you f--kers, get out of the car."
The court heard that a third man then came running out of the Bush Bar towards the Somers brothers and a fight ensued between the three men, who exchanged punches and kicks before all of them ended up on the ground. The police tried to separate them, helped by a member of the bar's door staff, but eventually had to use CS spray to break up the fight. The Somers brothers subsequently made statements complaining that the other man had assaulted them. He made a counter statement, that they had assaulted him. Police took the view all three had participated equally in the fight.
The prosecutor also told the court that on another occasion, about 3.40am on Sunday, August 5, police saw Patrick Somers kicking a traffic cone into the Cherrymount Road at Enniskillen. They tried to speak to him but he refused to stop and walked on. When a policewoman took him by the arm, he told her to: "F--k off."
Patrick Somers admitted being disorderly and resisting the police officer on that occasion.
Defence solicitor, Mr. Tony McGettigan, said Paul Somers played a relatively minor role in the incident at the Bush Bar and had been trying to calm his brother down.
He told the court the incident started inside the Bush Bar when Patrick Somers was the victim of an unprovoked attack by Jamie Hicks and sustained injuries consistent with being assaulted. Patrick Somers was removed from the bar and was standing outside the Northern Bank when Hicks was also put out of the bar and initiated the brawl by charging at Patrick Somers. Paul Somers became involved in defence of his brother.
Mr. McGettigan referred to the "severe trauma" suffered by the Somers family when another brother, Darragh Somers, was shot in the head at St. Patrick's Primary School at Mullanaskea, Enniskillen, in 2005.
District Judge Liam McNally said: "He can't keep relying on that."
He pointed out that Patrick Somers was in breach of a suspended jail sentence imposed on him at Dungannon Crown Court in April in relation to another matter.
Mr. McGettigan conceded that the probation officer, in his pre-sentence report, said there was a "likelihood" Patrick Somers would commit further offences.
The District Judge told him: "Every time this man goes out and gets drunk there's a likelihood of further offences."