A man has gone on trial accused of the capital murder of a Garda in Co Roscommon.
Stephen Silver, with an address in Foxford, Co Mayo, has pleaded guilty to the manslaughter of Detective Garda Colm Horkan, but denies his murder.
Prosecuting barrister, James Dwyer SC, told the jury it was their case that Stephen Silver knew, or was reckless as to whether Colm Horkan was a member of An Garda Síochána acting in the course of his duties on the night he killed him.
It is the State’s case that a struggle developed between them during an attempted arrest at about midnight on the 17th of June 2020, on the corner of Patrick St and Main St in Castlerea, Co Roscommon, and that during that struggle, Det Horkan was injured when a shot was discharged from his standard issue firearm.
After rolling away with the gun, Mr Silver is accused of repeatedly shooting at the wounded garda.
He was shot eleven times and the jurors were told they would also hear evidence suggesting he was hit in the head with the butt of the gun.
Mr Dwyer said the defence will claim he was suffering a relapse of a mental disorder, but the prosecution says he had “significant mental capacity at the time."
