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A murder charge has been reduced to manslaughter for one of two people on trial for the shooting death of a Western University student.
“I would like to advise the court that at this time, the Crown is no longer proceeding on a murder charge against Emily Altmann. But we will be proceeding on the included offence of manslaughter,” assistant Crown attorney Jennifer Moser said to the jury just before the lunch hour on Thursday at the trial of Altmann, 22, and Carlos Guerra Guerra, 23.
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Guerra Guerra remains on trial for second-degree murder of Josue Silva, 18, who died of a gunshot wound to the abdomen at a southwest London bush party on July 31, 2021.
Both accused have pleaded not guilty to the homicide-related charges and not guilty to assault with a weapon, namely a blunt object, of Logan Marshall, one of Silva’s closest friends.
The jury had not heard any evidence Thursday before Moser announced the reduced charge for Altmann. It had been excused for the morning for legal arguments.
It was expected that Altmann’s defence lawyer, Nathan Gorham, was going to continue his cross-examination of Jessica Falardeau, 19, a key Crown witness and the only person to testify that she heard Altmann say during an argument over a thrown drink at the bush bash “I’m gong to shoot you” to the woman who threw the can.
She also testified that Altmann said in her vehicle after the confrontation and after making a phone call that “they are bringing a gun.” And she testified that she saw the shooting along the dark path with one of two masked men who showed up shooting Silva while straddling him after he’d been knocked to the ground.
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