‘With all that’s going on with police in the world, I shot him...’
»»Court hears what Silver told officers at scene »»He denies garda’s murder but admits killing
A MAN accused of murdering a Garda claimed the officer tried to attack him, the Central Criminal Court heard yesterday.
A prosecutor said Stephen Silver, 46, told gardai: “With all that’s going on with police in this world, I shot him.”
Opening the trial, State counsel James Dwyer said the accused man then mentioned Black Lives Matter.
He added an issue the jury may have to consider is if the defendant was “ill-disposed to gardai” and if that “manifested itself in his behaviour when he killed” Gda Horkan.
Silver denies the capital murder of 49-year-old Garda Colm Horkan at Castlerea, Co Roscommon, in June 2020. But the accused, from Foxford, Co Mayo, admits manslaughter.
On Monday, the jury heard the defence will raise the issues of bipolar disorder and the accused having diminished responsibility due to mental health difficulties.
Opening the prosecution’s case, Mr Dwyer said the State takes a view on the evidence that Silver is guilty.
ARMED
The barrister said Gda Horkan had started duty at 2pm, was armed and was driving an unmarked Hyundai patrol car.
Counsel added the court will hear that as Silver and his friend James Coyne arrived into the centre of Castlerea, Gda Horkan pulled up beside them.
Some form of exchange took place between the defendant and Gda Horkan with the officer getting out of the car and approaching the accused.
According to Mr Coyne, the officer told Silver he was arresting him and a struggle followed which led to a struggle for the firearm.
Evidence will be that a shot was fired and Gda Horkan was wounded.
Silver then repeatedly shot the officer – 15 cartridges were found at the scene and the gun was emptied.
Mr Dwyer said two other gardai were the first officers on the scene.
One approached Silver, saw him throw the gun away and told him to lie face down.
Silver told gardai: “That man tried to attack me and with all that’s going on with the police, I shot him”.
A garda applied CPR to Gda Horkan and was assisted by colleagues but it was apparent he had suffered fatal injuries and died at the scene.
His body was removed to Mayo General Hospital where Dr Linda Mulligan performed a postmortem.
She found 11 shots were fired from multiple angles, there were three entry wounds to the deceased’s back.
Mr Dwyer said one was close contact and the majority came from a distance of greater than one metre.
The court will also hear, the barrister indicated that some of the exit wounds from the bullets had a short appearance which suggested Gda Horkan was on the ground when he was shot.
Dr Mulligan will give evidence the garda suffered injuries which were non-survivable.
Silver was seen by a GP shortly after being detained and later by a psychiatrist, who did not conduct a formal assessment but was satisfied he was fit to be interviewed.
Another part of the prosecution case will be interviews with the defendant.
In the first, Silver said: “Then this big blue car pulled up and this lad said, ‘Who are you’. He said, ‘I’m a guard’. He came up to me. I pushed him.”
Counsel said the accused man said he pushed Gda Horkan as he “was in my space”. Silver added: “A struggle ensued, I felt him going for something.
The next thing he had it out, then bang, bang. I got the gun off him and I think I shot him.”
Silver said he found out after that Gda Horkan was dead, saying: “I’m angry about it as a garda tried to kill me, is that a garda car?”
Mr Dwyer said the accused is charged with capital murder and pointed out the Oireachtas considered gardai and prison officers were deserving of special protection when on duty.
He said the State would have to prove Gda Horkan was acting in the course of his duty at the time, that the accused knew that and was at the least reckless at the
time. He added: “We say Gda Horkan died as a result of the actions of Silver.
“We say those actions were unlawful in terms of the initial struggle and repeated shooting of him. We say Silver had the intention to kill or cause serious injury at the time Gda Horkan died”.
In addition, Mr Dwyer said it is the State’s case that the accused knew Gda Horkan was a garda at the time and a member on duty.
Defence barrister Dominic Mcginn said his client was responsible for the shooting. He said the main issue in the case would be the state of mind of Silver at the time.
The trial continues
Justice Tara Burns.