Stephen Silver ‘absolutely sure’ he would have been killed in struggle with Garda Colm Horkan, court hears

A man charged with the capital murder of Garda Colm Horkan told detectives that the garda went for his gun after “losing whatever struggle” had ensued between them.

The jury in the trial of Stephen Silver (46), of Aughavard, Foxford, Co Mayo, also heard that the accused told gardaí he was “absolutely sure” he would have been killed in the struggle that ended in Garda Horkan being shot 11 times with his own gun.

Mr Silver has pleaded not guilty to the capital murder of Garda Horkan knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty at Castlerea, Co Roscommon, on June 17th, 2020. The mechanic has pleaded guilty to manslaughter and the jury has been told the main issue in the trial is Mr Silver’s state of mind at the time of the shooting.

The jury at the Central Criminal Court were shown a video recording of Mr Silver’s first interview in Castlerea Garda station on the day after his arrest. This evidence was presented by Det Insp Brian Hanley.

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In the interview, Mr Silver said he was heading up the street on the night laughing and joking with his friend, James Coyne, when “a massive tank of a blue car pulled up”.

“This guy put down the window and said, ‘Who are you?’ He said, ‘I’m a guard.’ He turned to get out and I saw Tommy Hilfiger on his jacket and I thought, ‘He’s not a guard,’” said Mr Silver.

“He was straight up to me. I said, ‘Get away from me,’ and I pushed him. James said, ‘Jesus, no, Stephen.’ He [Garda Horkan] said, ‘James,’ and attacked me, and a struggle ensued. I felt a gun, and I grabbed his hand and there was a holster and a handgun. He was struggling with it. The next thing, he had it out. I went: ‘F**k, this is real’.

“There were bullets flying everywhere. He shot himself. I had no control of it; he had control of it, it was like a loose cannon. I got the gun off him. I think I shot him like that [indicates chest area]. My glasses fell off, and I can’t see for s**t with no glasses. I’m holding a gun and there are guards everywhere, and I threw the gun away. I was absolutely sure I was going to be killed.”

Mr Silver told gardaí that he was “a law-abiding citizen” who has a bipolar condition. He said the incident with Garda Horkan “happened in a flash” and this was the first time he had ever pulled a trigger.

The jury also heard that Mr Silver said he could not run away as he thought he would have got shot in the back.

“I don’t even know his name, he told me it but I can’t remember it. To get attacked on the street in my own hometown when going for a pizza is not nice. We were having such a good day,” said Mr Silver.

Counsel for the prosecution, Michael Delaney SC, read from a memo of interview with Mr Silver that was taken at Castlerea Garda station on June 18th, 2020.

In that interview, Mr Silver said he pushed Garda Horkan as the garda was “in my space”.

“I was sure I was going to be killed. I’m angry about it because the garda tried to kill me,” said Mr Silver.

Mr Delaney said that at one point during the interview, Mr Silver showed the gardaí marks on his arms.

Det Insp Hanley gave evidence to Mr Delaney that Mr Silver took a toilet break during the interview. After the accused came out, Det Insp Hanley said he saw him put a plug into a basin and fill it with hot water, into which he submerged both arms up to the elbow.

“He was striking his forearms with quite a lot of force. This was the same area where he indicated he had marks from coming together with Garda Horkan,” said Det Insp Hanley.

The trial continues before Ms Justice Burns and the jury of seven men and five women.