Witness sees accused with gun at bush bash shooting scene

Mackenzie Tulloch, 22, told the court that he came in from his home in Hamilton to attend the bush bash off of Pack Road in southwest London on July 30, 2021, with his girlfriend at the time Lina Latef. She was friends with Emily Altmann.

He said when they got there, a verbal fight broke out with Altmann in the middle of it with others at the party. He said their group was being escorted out of the area, "She (Altmann) made a phone call on the way out."

Tulloch said the call was to the accused, in this case Carlos Guerra Guerra, 23, who was described in court as Altmann’s boyfriend. Tulloch spoke with Guerra Guerra at the time, "I said there was an altercation between Emily, and we were planning to leave."

However, minutes later, Tulloch said two masked men appeared at the gathering and one of them was Guerra Guerra, saying, "Obviously something being up to no good covering his face."

He said he saw the accused with a firearm at the time saying, "I saw the butt of the gun in his pants...I'm confused, and a little bit concerned as to why there's a weapon."

Tulloch said moments later, two males came out of the bushes and there was a wrestling match , "From what I saw it was just people on top of each other...I hear a loud bang."

He said as people took off from the scene, he feared the accused, “I was scared, feared retribution, retaliation from snitching. I was terrified that I was going to get killed."

Emergency crews would eventually arrive to the area to find 18-year-old Josue Silva suffering from a gunshot wound to the stomach. He would later be pronounced dead in hospital.

Days later, Guerra Guerra would be arrested and charged. He has pleaded not guilty to second-degree murder and assault with a weapon.

Last week, the jury was told that Altmann had been excused from the trial and that they were not to speculate.

Later, under cross-examination from defence lawyer Ricardo Golec, Tulloch was questioned about why he was not being completely honest and forthcoming with police in his first statement to them, and he replied, "I was an 18-year-old kid in a world of emotions. I was concerned for everybody."

The trial resumes on Wednesday.