A motorbike mechanic charged with the capital murder of Garda Colm Horkan told arresting officers: “If I hadn’t killed him, he would have killed me,” a witness has told the Central Criminal Court.
The jury in the trial of Stephen Silver (46), Aughavard, Foxford, Co Mayo, also heard on Thursday that the accused spat in a garda’s face, attempted to grab another garda by the throat, and urinated on the floor of his cell at the Garda station after he was arrested.
Mr Silver has pleaded not guilty to the capital murder of Gda Horkan knowing or being reckless as to whether he was a member of An Garda Síochána acting in accordance with his duty. He has pleaded guilty to manslaughter.
Gda Horkan was shot eleven times with his own gun at Castlerea, Co Roscommon on June 17th, 2020.
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Civilian witness Marcos Silveira, originally from Brazil but living in Castlerea, gave evidence to counsel for the prosecution, James Dwyer SC, that he was on the phone on the night of June 17th when he heard a shot.
He said he then heard four more shots, one after the other, and when he looked out of the window, he saw a body on the ground. He said he saw a man walking on the street, “doing an eight”.
“He looked like a biker with long hair tied back, a black leather jacket and jeans. He was shouting, ‘He’s a f**king wanker, he’s a f**king bollocks, I told him’,” said Mr Silveira.
The witness said that when the gardaí approached the man, he said: “If I hadn’t, he would have killed me.”
Mr Silveira said that when the man was being handcuffed, he said: “Why are you doing this? I did nothing wrong. If I hadn’t done it, he would have killed me.”
“He was angry because he thought he had done nothing wrong,” said Mr Silveira.
The witness said that when a garda was administering CPR to Gda Horkan, “the biker was teaching the garda how to do it”.
“He said, ‘You’re doing it wrong’. He said, ‘He’s gone, it’s over’. A lady garda was telling him to shut up,” Mr Silveira told the court.
The witness gave evidence that when two gardaí took the man by the hand, “he went on fire” and said: “I done nothing wrong, he would have killed me.”
Evidence was also given by Anna Silveira, who told Mr Dwyer that she heard the man shouting: “If I hadn’t killed him, he would have killed me.”
Ms Silveira said that the man did everything the gardaí told him to do. During cross-examination by counsel for the defence, Dominic McGinn SC, she said the man was “nervous”.
“He did not know what he was doing,” she said.
Garda Enda Rowley gave evidence to counsel for the prosecution, Michael Delaney SC, that when he arrived at the scene, he saw a man on the ground and recognised the man’s shoes as being Gda Horkan’s.
“I’d noticed him wearing them earlier, they were distinctive brown shoes,” he said.
He said he observed that Gda Horkan had been shot a number of times and there was a large amount of blood. He told the court that he drove Mr Silver to the Garda station and en route, Mr Silver said: “This has been a seriously bad night. I didn’t know he was a garda, he was wearing a Tommy Hilfiger jacket. I was wearing an illuminous jacket. I was only going for a pizza. He started calling us. He knew James [Coyne] but didn’t know me. I thought this stuff only happened in America. What’s going on in Castlerea?”
Gda Rowley said Mr Silver was agitated and aggressive at the Garda station. The witness said he asked him if he had shot Gda Horkan, to which Mr Silver replied: “No, well yes, we were grappling over the gun and it went off. It kept going off.”
He said that Mr Silver also said: “My ears are ringing, I never used a gun. I can’t hear anything. Can you get me a tea? I’m in shock.”
Gda Rowley said Mr Silver was “somewhat uncooperative” and would not remove his jacket when asked. Gda Rowley said he had to physically lift one of Mr Silver’s legs to remove his shoe, but the accused did not resist being searched.
During cross-examination by Mr McGinn, Gda Rowley confirmed that when firearm residue swabs were being taken from Mr Silver, the accused made a comment about guns being dangerous and people needing to be trained to use them.
Garda Enda Mulligan gave evidence to Mr Delaney that when he arrived at the scene, he observed gunshot wounds to Gda Horkan’s chest. He said he recognised the grey Hyundai parked at the junction as an unmarked patrol car, and the front left tyre was punctured. He also said he saw a black handgun lying close to the front left wheel and empty cartridges on the ground.
Gda Mulligan also gave evidence that after being brought to the Garda station, Mr Silver urinated on the floor of his cell. Gda Mulligan said there is a toilet in the cell, a hole in the ground, but it was not being used by Mr Silver. He also gave evidence that at one point, Mr Silver was marching around the cell in an extremely agitated state.
Garda David Walsh gave evidence to Mr Delaney that on June 19th, Mr Silver was very aggressive.
“He tried to grab my throat through the hatch in the cell door. He said he would eat me without salt,” said Gda Walsh.
The garda said that later in the day, as soon as the gardaí arrived at the door of the cell, Mr Silver stood up and spat straight out at a garda.
Gda Walsh also said that at one point, Mr Silver pulled his underwear down and waved his genitals at the garda and then turned around and spread his buttocks. Gda Walsh said that Mr Silver later told the gardaí to “f**k off” and exposed himself again.
At the opening of the trial, Mr McGinn told the jury that there was no issue with the cause of death in this case, as it was accepted that Gda Horkan tragically died as a result of being shot a number of times. Mr McGinn said that the accused’s responsibility is accepted, as Mr Silver admits shooting and killing Gda Horkan.
“The main issue is Mr Silver’s state of mind at the time,” said Mr McGinn.
The trial continues on Friday before Ms Justice Tara Burns and the jury of seven men and five women.