The “sad truth” about Josue Silva’s capturing loss of life is how mindless it was, the Crown stated.
Printed Dec 31, 2024 • 5 minute learn
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Carlos Guerra Guerra, proper, has pleaded not responsible to second-degree homicide within the loss of life of Josue Silva, a Western College scholar who died of a gunshot wound to the stomach at a bush celebration in southwest London on July 31, 2021.
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The “sad truth” about Josue Silva’s capturing loss of life is how mindless it was, the Crown stated.
“Josue Silva lost his life over nothing at the hands of Mr. Guerra Guerra,” assistant Crown legal professional Jennifer Moser stated as she concluded her closing argument Tuesday morning on the prolonged second-degree homicide trial.
“Sometimes a situation is exactly what it seems and this is one of those times,” Moser stated. On this case, she stated, masked and armed males – Carlos Guerra Guerra and his sidekick Dylan Schaap – got here uninvited to a bush celebration stuffed with youngsters to hunt out younger males they had been instructed harassed their buddy Emily Altmann.
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“As they were leaving, they came across their terrified victims, demanded (to know) who they were and when they did, within seconds, one is injured and barely escaped, and the other is shot and dying.”
Moser requested the jury to disregard “red herrings” tossed by the defence that portrayed Guerra Guerra as a sufferer performing in self-defence when he fatally shot Silva, an 18-year-old Western College scholar, within the stomach.
Josue Silva (Submitted)
Moser completed her closing tackle to the jury after meticulously reviewing the expansive Crown case that started on Oct. 15 and weaving an evidentiary thread connecting the testimonies of each civilians and consultants pointing to Guerra Guerra’s guilt.
Guerra Guerra, a 23-year-old aspiring rap artist who testified he carried round a loaded handgun as a prop for promotional music movies, has pleaded not responsible to second-degree homicide of Silva and never responsible to assault with a weapon of Silva’s greatest buddy, Logan Marshall, now 22, at a mid-summer bush celebration in southwest London on July 31, 2021.
The jury has already heard that Schaap, 23, who struck Marshall within the head with the blunt finish of machete inflicting a concussion, has pleaded responsible to manslaughter and assault with a weapon in one other courtroom continuing.
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Emily Altmann, the 22-year-old woman who summoned Guerra Guerra and Schaap to the bush celebration following an argument over a spilled drink and undesirable movies, claiming she was going to be “jumped” by 10 younger males, was a co-defendant at Guerra Guerra’s trial till she was excused final month. Moore instructed the jury to not speculate why.
The trial has entered the house stretch. Superior Courtroom Justice Patricia Moore started her directions to the jury after Moser’s tackle, the ultimate step earlier than deliberations. The jury has not been sequestered and can return on Thursday to listen to extra of the decide’s cost.
Guerra Guerra has claimed self-defence. He testified he was attacked and tussled with one man who put him to the bottom. He stated he was on his again when the person was about to hit him with a machete. He stated he pulled out his gun, pointed it towards his attacker, closed his eyes and shot.
Moser characterised that account as absurd and reviewed the proof that pointed to Guerra Guerra’s enthusiasm for handguns and his need to make use of his.
She additionally reminded the jury that there was proof Guerra Guerra went to elaborate steps to cowl his tracks and threatened witnesses into silence.
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“We know what happened that night,” Moser stated. Guerra Guerra and Schaap went looking for the alleged harassers and “they were fully prepared to attack them.”
She reminded the jury that Schaap was overheard saying “where are they?” as quickly as he, Guerra Guerra and two girls drove as much as the celebration. She added that surveillance video confirmed Guerra Guerra main the best way to the trail into the celebration with little dialogue.
“His mind had been well made up,” Moser stated.
“The fact was Mr. Guerra Guerra had a gun on him was because he wanted to have a gun on him. It was loaded for the obvious reason. He thought he might have to use it, even well before Emily Altmann called him that night.”
Marshall, Silva and others had been hiding in concern after they had been warned that armed, masked males had been coming for them. There was proof Altmann tried to Instagram name Isabella Restrepo, the lady with whom she argued over the spilled drink, and Marshall, Restrepo’s then-boyfriend, after they couldn’t be discovered.
Guerra Guerra, Schaap, Altmann and their group started to depart the celebration after 20 minutes as a result of they might not discover their targets. “But then when they decided to leave, halfway down the path something was heard in the bushes,” Moser stated.
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A lightweight was shone into the bushes. One of many males stated “who’s there?” Altmann requested,” is that him?” and her buddy Jessica Falardeau stated one thing she testified she deeply regrets – “that’s him” – and pointed to Marshall.
Jessica Falardeau leaves the London courthouse after testifying on the second-degree homicide trial of Emily Altmann and Carlos Guerra Guerra on Monday, Nov. 18, 2024. (Mike Hensen/The )
Moser stated Schaap attacked Marshall and when Silva emerged from the bushes, he was attacked by Guerra Guerra. Nobody, not even Guerra Guerra, stated Silva had a weapon and Moser argued the machete discovered on the crime scene bearing a tiny little bit of Silva’s DNA belonged to Schaap.
After solely 10 or 15 seconds, the shot rang out. “It was so fast,” Moser stated, and Guerra Guerra was straddling Silva when he shot him.
“Mr. Guerra Guerra needs you to believe that Josue Silva had a moment of not being on the ground, of being able to retrieve his machete and holding it in his hand. He says this because he needs you to believe that he acted out in defence of his own life,” Moser stated.
“But the only lives that were at risk that night were Logan Marshall’s and Josue Silva’s. . . . Not at all Mr. Guerra Guerra.”
She instructed the jury Moore, the decide, will clarify the 2 authorized routes to a second-degree homicide conviction: that both Guerra Guerra meant to kill Silva; or meant to trigger bodily hurt that he knew was more likely to kill and was reckless as as to if Silva died or not.
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“It’s the Crown’s position that Mr. Guerra Guerra certainly knew that shooting a young man three inches above his belly button would either kill him or he was reckless that he knew it would likely kill him,” Moser stated.
She stated the defence assertion that Silva’s buddies and different individuals on the celebration delayed in calling 911 for nearly eight minutes to cowl their tracks whereas Silva was dying “was just wrong.”
Nobody anticipated a stranger armed with a gun and a buddy could be shot, Moser stated. “What a horrible, chaotic situation that these young people had to go through. To suggest it was (something) other than that is absolutely incorrect.”
Justice Moore’s cost to the jury continues on Thursday.
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