Witness accused of lying, bullying accused at deadly bush party

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While acknowledging what happened to Josue Silva at a southwest London bush party was a traumatic event for his friends, the lawyer of one of the people on trial for murder accused a Crown witness of lying.

Nathan Gorham, defence lawyer for Emily Altmann, suggested at the start of his cross-examination of Isabella Restrepo, 21, on Friday that she “told this jury a narrative of events that has lies from beginning to end.”

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As his questioning of Restrepo continued, the theory of the defence’s case at the second-degree murder trial of Altmann, 22, and Carlos Guerra Guerra, 23, began to emerge.

Gorham suggested that Restrepo and her friends were bullying Altmann, who had been the target of cyber-bullying in the past, when they poured drinks and took photos of her and her friends at the large outdoor birthday for one of Restrepo’s high school friends.

He also suggested that Silva, 18, had a machete and that his friend Logan Marshall, Restrepo’s former boyfriend who was injured, had a gun when they left their hiding spots in the bush after being warned that there were armed people heading to the party.

Altmann and Guerra Guerra have both pleaded not guilty to second-degree murder in the shooting death of Silva, 18, a Western University business student who died of a gunshot wound to the abdomen, and not guilty to assault with a weapon, namely a blunt object, of Marshall.

Restrepo was in her second day of testimony. She told the jury earlier about a verbal altercation with Altmann and her friends while they stood by the bonfire. She acknowledged she had thrown a can, but denied their accusations during a heated verbal altercation five to 10 minutes after the drink was thrown that she had poured drinks on them and took their photos.

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Altmann’s group left the party after a discussion with Marshall. Not long later, Restrepo said she and her friends began to receive texts that armed people were heading down the path to the party. Restrepo, Rachel Johnson, Matt Swan, Marshall and Silva hid together in the bush. The males decided to leave the spot and Restrepo described hearing voices then what she thought was a firework, then voices laughing as they ran away.

The jury has already heard that the police found a machete on the ground during their investigation that had Silva’s DNA plus the DNA of two unknown people.

Restrepo and Johnson found Silva badly wounded. At the start of her testimony on Friday, she said through questions from assistant Crown attorney Jennifer Moser that she didn’t see any of her friends with a machete. She recalled that Silva had a backpack but she didn’t remember if he had anything in his hands when they were hiding.

Moser asked her about two Instagram audio calls that came to Restrepo’s phone from Altmann while she was crouched quietly in the bushes with her friends. Restrepo had already testified she didn’t know Altmann, except from seeing her on social media and she didn’t follow her online.

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She explained she didn’t answer the calls because “I was scared” and “I was just worried about what was about to happen and why she was calling.”

After she and her friends found Silva, there was no call to 911 because “we didn’t know what to do.” She headed down the path to Pack Road to direct the emergency services and helped put pressure on Silva’s wound. She said she was worried because Marshall wasn’t with them.

Marshall eventually joined them but was “out of it.” He was later diagnosed with a concussion at the hospital.

Restrepo said she and a group of friends went with Marshall to the emergency department and waited in the parking lot. Some friends drove to Silva’s home and returned. That’s when “we found out Josue had passed.”

Gorham took little time to start challenging Restrepo’s evidence in cross-examination, accusing her and Johnson of bullying Altmann and that she knows Silva had a machete.

“That is incorrect,” Restrepo said several times to his suggestions.

Gorham honed in on Restrepo’s comments that she was surprised to see Altmann, Jamie Falardeau whom she knew from high school and a woman and man she didn’t know at the party. He suggested that maybe they had been invited. Restrepo agreed, but added she knew most of the people who were there.

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Gorham suggested that there had been attacks on Altmann on social media, where Restrepo said she recognized her from. He also referred to a seconds long video Restrepo posted from the party that showed her laughing, then the camera turned around for a brief second showing an unidentified woman with a purse.

Gorham said that the unidentified woman might have been Altmann and her friends. Restrepo later said that the video was taken after the confrontation with the group. She said there was “no reason” for taking the video.

But why, Gorham asked, did Restrepo not just simply apologize and walk away when she was yelled at by Altmann and her group, but instead engage in a heated discussion. Restrepo said she denied pouring drinks on them and “I did not take photos of them.”

Gorham suggested that Restrepo and her group were “goading” Altmann’s group. Marshall stepped in, with Silva beside him saying “if you want to fight, fight with me.”

He suggested that Restrepo was in favour of Marshall fighting some women and that he and Silva kicked the group out of the party. Restrepo said she had walked away and “I didn’t want to insert myself anymore in the situation.”

When Gorham suggested Marshall had a gun, Restrepo stressed she never saw him with one. And she never saw Silva with a machete.

The cross-examination continues on Monday.

jsims@postmedia.com

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