‘He tried to attack me..I shot him’ GARDA KILLING ACCUSED MENTIONED BLACK LIVES MATTER, COURT HEARS
A MAN accused of murdering a garda told officers he opened fire on the deceased because the garda tried to attack him, the Central Criminal Court yesterday heard.
The court heard Stephen Silver, who denies murdering Garda Colm Horkan but admits to his manslaughter, added: “With all that’s going on with the police in this world, I shot him.”
Opening Mr Silver’s trial yesterday, prosecution counsel James Dwyer SC said the accused man then mentioned Black Lives Matter, which the barrister suggested may have been a reference to the murder of George Floyd by a police officer in May 2020 in America.
Mr Dwyer also told the jury that an issue which they may have to consider is whether Mr Silver was “ill-disposed towards gardai” and whether that “manifested itself in his behaviour on the day he killed” Gda Horkan.
Mr Silver (46), a motorbike mechanic from Aughavard, Foxford, Co Mayo has pleaded not guilty to the capital murder of Garda Colm Horkan (49) knowing or being reckless as to whether he was a member of An Garda Siochana acting in line with his duty at Castlerea, Co Roscommon on June 17, 2020. He has pleaded guilty to manslaughter.
The jury heard when they were being sworn in on Monday that the defence will be raising the issues of bipolar disorder and the accused having diminished responsibility due to mental health difficulties.
Opening the prosecution’s case yesterday, Mr Dwyer said the State believes the evidence shows that Mr Silver is guilty of the crime of capital murder.
On June 17, Mr Silver travelled in a van to Castlerea, having spent the previous two days in Dublin, arriving in Castlerea in the afternoon. Mr Silver spoke to a friend at a train station, who showed him videos on Facebook of a Garda raid earlier that month on the home of another of the accused’s friends, James Coyne, in the Knockroe estate in Castlerea.
Motorbike
The court will hear evidence, the lawyer said, that Mr Silver and Mr Coyne then went to the accused’s garage in Foxford, where Mr Coyne rode a motorcycle. The accused told Mr Coyne: “You’re a natural, you can have it”.
The jury heard the pair returned to Castlerea at 10.30pm that evening and returned to Mr Coyne’s home. There, the men took out the motorcycle and took turns riding around a green area in the estate with no lights and no helmets.
Mr Dwyer also told the jury that some of the neighbours called gardai.
The men left the estate on foot close to midnight heading towards the centre of town to buy food and went along
Patrick Street towards the junction with Main street.
The barrister said that Gda Horkan had his own Garda-issued firearm on him and was driving an unmarked Hyundai garda patrol car.
Counsel said the court will hear that as the men came into the centre of Castlerea at the corner of Patrick Street and Main Street, Gda Horkan pulled up beside them. Mr Silver spoke to the garda at the window of the car.
Some form of exchange took place between Mr Silver and Gda Horkan with the officer getting out of the car and approaching the accused.
According to Mr Coyne, Gda Horkan told Mr Silver he was arresting him and a physical struggle ensued, which evolved into a struggle for the garda’s firearm.
Evidence will be that a shot from the gun was discharged and Gda Horkan was wounded. Mr Silver rolled away with the gun and proceeded to repeatedly shoot the officer.
Mr Silver later told gardai: “That man tried to attack me and with all that’s going on with the police in the world, I shot him.”
The accused’s barrister, Dominic McGinn SC, admitted that his client was responsible for the shooting. He said the main issue in the case would be the state of mind of Mr Silver at the time.
The trial continues.