Closing arguments continue in 2021 bush party shooting trial

Court proceedings continued Monday in the homicide case of 18-year-old Josue Silva, who was fatally shot at a bush party in London, Ont. over three years ago.

Defence lawyer Ricardo Golec began his closing arguments by asking jury members if they believe it's possible that his client, Carlos Guerra Guerra, acted in self defense, then they must acquit.

Golec continued his closing argument going over details heard during the trial, alleging his client's intention was not to kill Josue Silva that night in July of 2021, but that he was merely protecting himself.

“The other man he was fighting, who we now know as Josue Silva, now had a machete in his hand, standing over him and that's when the tragedy happened,” said Golec.

“Carlos pulled out the gun, aimed it in Mr. Silva's direction, looked away and fired.”

A machete was found by police in the bushes where the shooting occurred.

In her closing argument, Crown Attorney Jennifer Moser maintained the machete did not belong to Silva and was never in his possession, suggesting it was brought to the party by one of Guerra Guerra’s friends.

“Josue was an unarmed young man at a party with friends and he was shot because Mr. Guerra Guerra finally got his opportunity to shoot someone,” said Moser.

“Why? Because he chose to believe that this must be one of the guys involved… who had threatened his friend.”

During the lengthy trial, the jury has heard that Guerra Guerra shot Silva after they were involved in a fight. The accused raced away from the scene and Silva was found in the field with a gunshot wound to the stomach. He later died in hospital.

Several days later Guerra Guerra would be arrested and charged with second-degree murder and assault with a weapon. The now 23-year-old Guerra Guerra has pled not guilty to both charges.

In her closing argument, Moser went over several witness testimonies. She alleged Mr. Guerra Guerra fabricated a story about having a loaded handgun on him because ‘he wanted to use it for a music promo video’.

“Why in the world did Carlos Guerra Guerra bring a loaded handgun into a bush party full of teenagers?” she questioned.

The jury will now have to decide whether Guerra Guerra was acting in self-defence when he shot and killed 18-year-old Josue Silva on July 31, 2021.

The trial resumed Tuesday with the Crown continuing her closing arguments.

“Josue Silva lost his life over nothing at the hands of Mr. Guerra Guerra. Sometimes a situation is exactly what it looks like, and this is one of those times,” said Crown Moser.

Superior Court Justice Patricia Moore is expected to give her closing statement Tuesday afternoon.