Stephen Silver has been given a mandatory life sentence for the capital murder of Gda Colm Horkan in June 2020.
Silver (46) will serve a minimum of 40 years for killing Gda Horkan whom he shot dead on June 17th, 2020 in Castlerea, Co Roscommon.
Trial judge Ms Justice Tara Burns said she had no discretion in the matter but to impose the maximum sentence for murder.
She acknowledged that Silver, from Aughaward, Foxford, Co Mayo had a long history of mental illness, but had failed to keep up with his treatment programme and would now have to live with the consequences of that failure for the rest of his life.
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With ordinary remission for good behaviour, Silver will be eligible to apply for parole after he has served 30 years. Having gone into custody in June 2020, he will be aged 74 when he can first be considered for release by a parole board.
Silver shot Gda Horkan eleven times with his own gun after encountering the plain clothes garda in Castlerea, Co Roscommon on June 17th, 2020.
At the sentencing hearing on Wednesday, prosecution counsel James Dwyer read out victim impact statements from the deceased guard’s family, including his sister Deirdre.
She told Silver that there is “no forgiveness” for what he did and she wants him to remember that every evening “as the cell door locks behind you”.
She said Colm was the eldest of seven siblings and “put a roof over our heads; he was like a second father”. She said he “never imposed himself on us but he was the one we always went to for advice. I threw every problem to him like they were his to solve, and he did.”
In the year before his death, Deirdre said they “did loads together”; they went to the Galway races and to live concerts, and when covid hit they shared “a great few months” together.
During lockdown she said she would awake at 6am to talk to her brother while he ate breakfast because she would have nobody to talk to for the rest of the day. In the evenings, she would “sit and talk to him as he ate dinner; little did I know how precious these moments were”.
Silver’s counsel Maurice Coffey SC handed a handwritten statement to the judge reiterating an apology that he had made at the conclusion of his trial. It was read into the record of the court. Not a day goes by, Silver stated, that he did not regret what he did. He knew what it was like to lose a loved one. He had lost his stepson 13 years previously “and I still miss him dearly. I never meant for anybody to get hurt. I was not in full control of my actions”.
Ms Justice Tara Burns offered her condolences to the Horkan family who she said were visibly traumatised by the tragic circumstances that led to the death of the “heart and soul” of their family.
She also called on people suffering from mental health problems to recognise the importance of continuing their medical treatment in light of the evidence that Silver had stopped taking medication prescribed for his bipolar affective disorder when he shot Gda Horkan.
Judge Burns said things “could have been very different” if he had maintained his treatment regime. Passing sentence, the judge said that she has no discretion given that the jury had returned a verdict that Silver is guilty of murdering a member of An Garda Síochána acting in the course of his duty.
Silver (46), a motorbike mechanic from Aughaward, Foxford, Co Mayo, had pleaded not guilty to the murder of Det Gda Horkan (49) knowing or being reckless as to whether he was a member of An Garda Síochána acting in the course of his duty. He had pleaded guilty to manslaughter at Castlerea, Co Roscommon on June 17th 2020, and the jury were told the main issue in the trial was Mr Silver’s state of mind at the time of the shooting.
After two trials at the Central Criminal Court a jury found Stephen Silver guilty of capital murder last month. His first trial ended last November with a jury disagreement.
Outside court, following the sentencing hearing, Gda Horkan’s father Marty said: “It is great to be able to move forward now, it has been a tough few years. It’s great to have it over and to have justice for Colm. That’s what he deserved because he was a wonderful son.”
[ Stephen Silver: The full story of his trial for the murder of Garda Colm HorkanOpens in new window ]
He said the loss is immeasurable to the community and the local GAA club. “He worked everywhere for anybody that he could help at all times ... I miss him terribly. There are lonely nights at home without him. It’s a sad house and it has been but at least we can go forward from today.”
He said he doesn’t have much to say to his son’s killer other than that he is sorry for his mother. He added: “It took him two and a half years to apologise to my family ... I’d safely say he was advised by his legal team to do that, otherwise he wouldn’t have done it. That’s all I have to say about it.”
He said the sentence handed to Silver was “justice for what he done. I hope he has to serve every day of it.” He also commended the respect shown to himself and to gardaí by the court and from the general public. He said the family had received well wishes and cards from people in every county.
