An eyewitness has told the Detective Garda Colm Horkan murder trial that he heard the "shooter" say: "If I didn't kill him, he would have killed me."
The Central Criminal Court heard today that the accused man, Stephen Silver of Foxford Co. Mayo, told gardai that the detective's gun "kept going off" as they grappled over it.
Garda Enda Rowley told prosecution counsel Michael Delaney SC that when he arrived at the scene in Castlerea he saw the body of Garda Horkan lying on the ground at the junction of Main St and Patrick St.
While Garda Aidan Fallon was holding the arm of Mr Silver, who was in handcuffs, Garda Rowley, Garda Fallon and a third garda put Mr Silver into a patrol car and brought him to Castlerea garda station.
On the way, Garda Rowley noted that Mr Silver said: "This has been a serious bad night. I didn't know he was a guard. He was wearing a Tommy Hilfiger jacket. I was going for a pizza. I thought this sort of thing only happened in America. What is going on in Castlerea?"
Garda Rowley described Mr Silver as agitated and "somewhat non-compliant".
At the station Garda Rowley cautioned Mr Silver and asked if he was the one who shot Detective Garda Horkan. He noted his response as: "No, well yes. We were grappling over it and it went off. It kept going off."
Stephen Silver, a motorbike mechanic from Foxford, Co Mayo has pleaded not guilty to the murder of Detective Garda Horkan on June 17, 2020 at Castlerea, Co Roscommon but guilty to manslaughter by reason of diminished responsibility.
Marcus Silvera told the prosecution that he is from Brazil but now lives on Main St, Castlerea. On 17 June 2020, shortly before midnight, he heard what he knew to be a shooting, saying "I am used to shooting in Brazil so I know what a shot is,".
He went to his window and as he walked he heard four more shots, ten to 15 seconds after the first shots. From the window he could see a body in the middle of the road facing away from him and another man with long hair, a black leather jacket and a bag on his back.
Under cross-examination, the witness told Gerardine Small SC, for Mr Silver, that he also heard the shooter say: "If I didn't kill him, he would have killed me."
The trial continues in front of Mr Justice Paul McDermott and a jury of seven men and five women.
