Bush party murder trial: Pathologist describes teen’s fatal gunshot wound

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It was one gunshot that killed Josue Silva.

The bullet hole appeared in photos shown to a jury at a second-degree murder trial as round and symmetrical, just above his belly button. Pathologist Edward Tweedie, who conducted the autopsy, testified the bullet that made the wound entered at a 90-degree angle and caused massive internal blood loss leading to the teen’s death.

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There were no other significant injuries to a young teen man who was in excellent health. He had five small, minor bruises and abrasions on his hip, elbow and abdomen. There were no injuries to his face, head, neck or hands, and no injuries that would suggest he was in a fight. There were no defensive wounds.

It was Tweedie’s opinion, at the trial of Emily Altmann, 22, and Carlos Guerra Guerra, 23, that the gun wasn’t against Silva’s skin when it was fired but it was close. He found soot and evidence of searing from the hot gases expelled from the gun both outside and inside the injury. There was no obvious distinct “tattooing” or stippling from gun powder near where he found the soot, Tweedie said.

He said he wasn’t a gun expert, he didn’t know if the gun could have been fired through Silva’s shirt which could account for no evidence of stippling, or if the shot had entered through exposed skin. The only way to know accurately what the distance of the shot might be is for a gun expert to test the firearm at various distances.

Tweedie said he couldn’t exclude either a shot fired at “loose contact” to the skin or as far as “intermediate range.” He told the jury gun soot can’t travel more than 30-centimetres which would suggest to him an intermediate range shot, not at the farthest in the range to reach the body.

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After that series of answers to questions from assistant Crown attorney Jennifer Moser, the jury was told, just before lunch, by Superior Court Justice Patricia Moore they would not be needed again until Wednesday morning to allow for some legal arguments. Before the jury left, Altmann’s defence lawyer Nathan Gorham had raised an objection.

Altmann and Guerra Guerra have pleaded not guilty to second-degree murder in the death of Silva, 18, a Western University student who was shot to death at a southwest London bush party more than three years ago. They also have pleaded not guilty to assault with a weapon of Logan Marshall, one of Silva’s best friends.

The jury already has heard Altmann and some friends were engaged in a shouting match at the party with Marshall’s former girlfriend, who was accused of throwing a drink on them. The Crown said in its opening statement, after Altmann and friends left the party, she summoned Guerra Guerra, and they returned to the bush party where Silva, Marshall and others, having been warned, were hiding in the bushes.

When Silva and others emerged, Silva was shot.

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The jury has seen a surveillance video of Guerra Guerra and friends arriving in Guerra Guerra’s white Dodge Journey to meet Altmann and two others. Guerra Guerra and a friend wore masks and black clothing when they entered the wooded area with a group. The jury has seen a machete seized from Guerra Guerra’s vehicle and was told  Guerra Guerra had access to four handguns in the days before the shooting.

Tweedie has been a pathologist for almost three decades and has testified in court more than 100 times. On Tuesday, Tweedie told the jury he began the autopsy on July 31, 2021, hours after Silva had been pronounced dead at London Health Sciences Centre shortly after 2 a.m.

The jury was shown several photos of Silva’s white Sol Cerveza backpack that has been discussed earlier at the trial. The jury was told Silva had put some cans of beer for himself and a buddy into the backpack before leaving his home for the bush bash near Pack Road and Grand Oak Crossing.

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The photos showed blood stains on the bottom of the bag and halfway up the back of it. Two small holes were pointed out on  the bottom and the back. There was no blood staining inside the bag.

Also shown in photos was the black Champion T-shirt Silva was wearing that night that Tweedie said was in the body bag, along with medical paraphernalia used during attempts to resuscitate him.

The shirt had been cut when emergency crews tried to save his life. There were several cuts in the abdominal area where he had been shot. Another photo showed the back of the shirt and a small hole in it where the bullet exited.

There was just one fatal injury. “There was an obvious gunshot wound to his abdomen,” Tweedie said.

The internal examination showed Silva died from hypovolemic shock, or blood loss. The bullet he said, entered vital organs, primarily the liver, and caused extensive bleeding into the abdominal cavity and right chest.

The jury was shown the photos of the gunshot wound. Tweedie said the area had been cleaned before the photo was taken. He saw the wound beforehand and there was clear evidence of soot around and in the wound.

He pointed out for the jury where there were soot deposits and searing from the gases.

Tweedie is expected to continue to testify on Wednesday.

jsims@postmedia.com

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