Jury finds Stephen Silver guilty of capital murder of Garda Colm Horkan
Stephen Silver was returned to custody ahead of the sentencing hearing which will begin on Wednesday, April 19. File picture: PA
Stephen Silver has been found guilty at the Central Criminal Court of the capital murder of Garda Colm Horkan after shooting him with the detective’s own gun in Co. Roscommon in June 2020.
Silver, who made no reaction to the verdict, now faces the mandatory minimum sentence of 40 years in prison having been convicted of capital murder.
Mr Silver (46), of Aughavard, Foxford, Co. Mayo, had pleaded not guilty to the murder of Garda Horkan knowing or being reckless as to whether he was a member of An Garda Siochana acting in accordance with his duty at Castlerea, Co. Roscommon, on June 17, 2020.
He had pleaded guilty to manslaughter and the jury had been told the main issue in the trial is Mr Silver’s state of mind at the time of the shooting.
Mr Silver shot Det. Gda Horkan several times with the garda’s own gun on June 17, 2020. Members of Det. Gda Horkan’s family said they were “relieved” with the verdict.
Ms Justice Tara Burns told the jury of seven men and five women they had “listened to every single piece of evidence diligently and carefully” over the six-week trial.
She said it is not often there is a case of this nature and she was extremely thankful to them. She said it was clear they understood “absolutely everything” that was directed to them. They were exempted from jury service for the rest of their lives.
The jury at the Central Criminal Court deliberated for eight hours and 59 minutes. Silver was returned to custody ahead of the sentencing hearing which will begin on Wednesday, April 19.
The trial heard that Gda Horkan was a well-regarded member of the force with 25 years’ service and no disciplinary issues on his record. The prosecution told the jury that Gda Horkan had no idea when he signed out his firearm on the afternoon of June 17, 2020, that he would be shot dead with the same gun just nine hours later.
They maintained Silver had a "seething resentment" toward gardaí and that the shooting of Gda Horkan was “a deliberate action done with the intent of murder".
During the trial, the jury heard evidence from Silver that he believed Gda Horkan was “a heavy down from Dublin” who was trying to kill him. He said that Gda Horkan was wearing a Tommy Hilfiger jacket and “didn’t come across” as a garda.
He gave evidence that a struggle ensued between them before he fell to the ground, and in the process of getting up he felt the gun on Gda Horkan’s hip.
“He had his hand on the gun and I had my hand on the gun and we wrestled. The gun came out; I couldn’t tell you who took it out,” said Silver.
He said that he felt Gda Horkan “was trying to kill me”. “I kept shooting until the gun finished and there was no ammunition left,” Silver said.
The jury also heard evidence from Dr Brenda Wright, interim clinical director at the Central Mental Hospital, who said it was her view that Silver’s illness at the time he killed Gda Horkan was such that it impaired his thinking and his judgment and therefore contributed significantly to his actions at that time.
However, witness for the prosecution, consultant psychiatrist Professor Harry Kennedy, told the jury that he found “no positive evidence” that Silver had suffered a relapse of bipolar affective disorder at the time he shot dead Gda Horkan.
Speaking outside the Central Criminal Court, Garda Horkan’s brother Brendan said the verdict gave the family a measure of closure.
“Colm was the best of us, a gentleman through and through – he deserved this verdict today,” he said.
He thanked all those involved in securing justice.
“We were horrified and shocked to the core to learn of the circumstances which led to Colm’s death as he went about his job policing the streets and keeping the general public protected and safe at all times.”
He added: “Colm was a fantastic son, brother, uncle and friend, and his memory remains etched in our minds every minute of every day and today’s verdict, while giving us some closure, will never replace the man who was the glue in our family that bonded all together. We love him dearly.”
Following today's verdict, Garda Commissioner Drew Harris paid tribute to Gda Horkan saying that he made the "ultimate sacrifice to protect the local community he served so well.
In a statement, Mr Harris said that on 17 June 2020, Gda Horkan left his home to do a routine day's work but never came home to his family.
He went on to commend the investigating team in Castlerea Garda Station and the wider Garda organisation saying their work is a tribute to the professionalism that Colm embodied in his own work with An Garda Síochána.
"Finally, today we stand with and support Colm’s father Marty, his siblings, wider family and friends and we remember his mother Dolores and twin sister Colette.
"Today, as every day, we remember our colleague Colm who made the ultimate sacrifice to protect the local community he served so well.
"He will always be remembered as the kind, caring man, and professional and empathetic Garda, that he was."
Minister for Justice Simon Harris said that the whole country was impacted by Colm's murder.
"It stole from his family and friends a beloved, kind and gentle man who served with duty and distinction, keeping his community safe and serving the State," said Mr Harris.
He described Gda Horkan as a proud Mayo and GAA man who was loved and respected in his community and by his colleagues.
Gda Horkan was steadfast in his duties and professional and wholehearted in doing the job he loved as a Garda, he added.
Echoing the sentiments of the Garda Commissioner, Mr Harris said Colm's death was a reminder of the risks taken by members of An Garda Síochána and the burden carried by their families.
"We also remember the 88 other Gardaí who have lost their lives in the line of duty and their families today.
"Detective Garda Horkan exemplified the courage and dedication of An Garda Síochána, and I hope his family, friends and colleagues can take some comfort in justice being done today."
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