Stephen Silver, who denies murdering Detective Garda Colm Horkan by shooting him in 2020, told gardaí that Det Garda Horkan “was losing the struggle” that ensued between the two men and so tried to shoot Mr Silver.
The Central Criminal Court was on Wednesday shown a video recording of Mr Silver’s first interview in Castlerea Garda station the day after his arrest. When asked by Det Garda Patrick Farrell if he knew why he had been arrested, Mr Silver replied, “I got arrested for the unlawful possession of a firearm.”
“What happened is, I was attacked by a man in a big blue car. There was a struggle and in the course of the struggle I felt him going for something. He had a holster and was trying to get his gun; he was trying to shoot me. Next thing, the two of us were fighting over the gun. The next thing it was ‘bang! Bang-bang-bang!’ Next thing I was standing there with a gun. My glasses came off, and I can’t see,” said Mr Silver.
Mr Silver (46), a motorbike mechanic from Aughavard, Foxford, Co Mayo, has pleaded not guilty to the murder of Det Garda Horkan knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty. He pleaded guilty to manslaughter by reason of diminished responsibility, at Castlerea, Co Roscommon on June 17th, 2020.
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The court on Wednesday heard that Mr Silver asked Det Garda Horkan to step back because of the two-metre rule around Covid, but Det Garda Horkan did not do so.
“I pushed him and there was a struggle. It’s the first time in my life that I’ve pulled the trigger of a gun,” said Mr Silver.
Mr Silver said that Det Garda Horkan was dressed in a Tommy Hilfiger jacket on the day, so Mr Silver did not believe he was a garda.
“Next thing he was on me. I deflected him and pushed him away. Next thing he came at me, and a struggle ensued. He had a holster on his right hip, and when I felt that I dropped my hand. In martial arts, when someone pulls a gun you run, but I couldn’t run because I could be shot in the back.”
Mr Silver continued: “I ended up defending myself against an assault with a gun. I don’t even know his name. He said his name, but I can’t remember it. To get attacked while getting a pizza is not nice.”
Mr Silver said the day began with him planning to bring a woman friend to the airport, but he ended up giving the friend money for a taxi. He then drove to Castlerea where he met his friend, James Coyne, whose home had been raided by gardaí some weeks earlier. They then went to a shed where Mr Silver gave Mr Coyne a motorbike, which they put into Mr Silver’s van.
Later that evening they decided to go for pizza, and while they were driving up Patrick Street, Mr Silver saw “a massive tank of a blue car”. He said the driver stopped and asked Mr Silver who he was.
“I said, ‘Who are you?’ He said, ‘No, I asked you. I’m a guard.’ He was wearing Tommy Hilfiger, and that’s not a Garda uniform. He had no ID. I thought, ‘that’s not a guard.’”
“He was straight up to me. I said, ‘Get away from me,’ and I pushed him. James [Coyne] said, ‘Jesus, no, Stephen.’ He [Det 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. 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’m thinking of that black lad who got f**ked up. I was absolutely sure I was going to be killed,” Mr Silver said.
Mr Silver said he did not know Det Garda Horkan. He said he has a bipolar condition and got attacked by a detective for visiting his friend.
“I never shot a gun until this man tried to kill me, because that’s what he did. He was losing the struggle, so he had to shoot me. He never asked me any questions and he never produced ID,” said Mr Silver.
During the video of the interview, Mr Silver can be seen repeatedly rubbing his arms. He said that he was just noticing marks on his arms from the struggle with Det Garda Horkan and was in “a lot of pain”.
The trial continues in front of Mr Justice Paul McDermott and a jury of seven men and five women.