Bush party homicide trial: Accused takes witness stand, recalls fatal gunshot

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Just as Carlos Guerra Guerra was about to describe how he used his loaded handgun in what he says was self-defence, his voice broke and his eyes welled.

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“Can we take a break, please?” he said on Wednesday to defence lawyer Ricardo Golec, who had been asking Guerra Guerra about what happened on July 31, 2021, when Josue Silva, 18, was shot to death at a southwest London bush party.

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At that point of the examination-in-chief, Guerra Guerra, 23, was describing how he confronted two young men on the path leading into the bush party, asking if they were the ones who were intending to “jump this girl,” specifically Emily Altmann, now 22, the friend who had summoned him for assistance.

Guerra Guerra said he had a handgun in a side bag that was draped over him, but he never intended to use it. He said he only pulled it out after being set upon by the men, put to the ground with punches and “looked up and saw one of the individuals standing over me. All I saw was a machete in his hand.”

He continued in his testimony: “I was in fear for my life. I reached for my side bag and I remember just pointing the gun up and only for a second. . . . As soon as I heard the gun go off, I remember opening my eyes and just wondering what happened.

“That’s when I realized he got hit. I saw him stagger back . . . and fall,” he said before asking for a break.

Guerra Guerra’s description followed a long explanation about how he ended up with the gun in the first place. He has pleaded not guilty to second-degree murder of Silva, a Western University student, and assault with a weapon, namely a blunt object, of Silva’s best friend, Logan Marshall.

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The trial, now in its eighth week, has seen its share of twists and surprises. The jury was told earlier that Dylan Schaap, 23, Guerra Guerra’s friend, has already pleaded guilty to manslaughter and assault with a weapon in another forum.

Altmann, 22, was originally charged with Guerra Guerra, but more than half-way through the trial, she and her defence team were excused from the proceeding. Superior Court Justice Patricia Moore instructed the jury to not speculate why as the trial carried on with Guerra Guerra alone.

Earlier this week, Golec indicated he would be calling evidence. In a brief opening statement, Golec said this was a chance for his client to explain how and why he acted in self-defence and asked the jury “to listen carefully and keep an open mind.”

Guerra Guerra, who presents as articulate and thoughtful, began his testimony describing his personal circumstances. The Banting secondary school grad said he was working for his father’s contracting company in the summer of 2021, and splitting his time between the homes of his divorced parents.

But his real passion is music. “I’m a musical artist. I was a musician so I would write music, release music” under the stage name LBK Silver, he said.

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Schaap, he said, was one of his closest friends and almost “like a brother.” He said he knew Schaap’s girlfriend, Candice Jamieson, and was in a friends-with-benefits and “complicated” relationship with Kaiah Edmonds. All three were with Guerra Guerra the night Silva was shot.

He also knew Altmann, a woman he met in the spring of 2021 through a mutual friend. He said she drove a BMW, was going to Western University and wanted to be a doctor. He saw her as “someone who would be a good influence in my life.”

They tried dating, but it didn’t work out, he said, adding they kept in contact.

Guerra Guerra agreed that there were videos found on Schaap’s and Guerra Guerra’s phones of them with guns. He said they were made in late July 2021.

Before that, Guerra Guerra said he had never held a real gun.

“My interest was rooted in my musical career that I was trying to follow,” he said. “In the entertainment industry, for rap artists and hip-hop artists, they always portray this image of being in streets, being tough. They like to show firearms in videos.”

Guerra Guerra said he studied “these people’s behaviour” in videos and “I thought it would probably be cool to have one of these as a prop, maybe bring more attention and push my career forward.”

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A fake gun wouldn’t do, he said, because people “might question your authenticity (which) could be very damaging to your potential music career.”

He said he never intended to shoot anyone. The gun was one of five that Schaap produced in the last week of July 2021, stored in a pillow case at Schaap’s home.

He said Schaap asked him to take over storing the guns, which he did by hiding them at his father’s residence when his dad was out of town.

The day before the shooting, Guerra Guerra said he finished work and decided to retrieve “one of the more unique-looking guns” and drive around looking for a vacant area to shoot “a promotional video.” He was unsuccessful, he said, so he picked up Schaap and Jamieson and heading to the Fanshawe College area to find a party. Edmonds joined them.

The gun was still with him, in his side bag with his keys and wallet.

They were unsuccessful finding a party and were sitting in Guerra Guerra’s Dodge Journey. That’s when a “frantic” Altmann started calling and texting him and Jamieson, imploring them to come to her aid “because these guys are going to jump (her).”

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She said nothing about a spilled drink or an argument, as the jury has heard about throughout the trial. Guerra Guerra said he decided to go to her. “I just wanted to make sure she was OK and get her on her way.”

He had never been to a bush party, and he thought the worst thing to happen might be a fist fight. At no time did Altmann say her tormentors were armed.

He drove to Pack Road and found Altmann and her friends. Some people were coming out of the bush and he feared they were the attackers, so he raced out of the vehicle to stand by her. Once they were gone, he parked his SUV and considered leaving the gun in it, but he was concerned someone might find it if they broke into his vehicle.

He had the gun when he stepped back out of the vehicle and spoke to Altmann, who wanted to go back into the party. Guerra Guerra said he didn’t want her to go back in alone, but couldn’t recall why Altmann wanted to head back into the bush.

He also wore a COVID mask, he said, because if there was a fist fight and someone was injured, he didn’t want anyone to know he was involved.

He said he and the others made small talk as they went back into the bush and he lingered around the fire at high alert for someone who was bothering Altmann, until he made the call for he and others to leave because they were “bored.”

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As they left the party, he said he could see silhouettes in the bushes, and then there were people exiting the party. He said he heard someone say: “Oh, that’s them.”

He was confronted by one of the young men. Guerra Guerra testified he said to him: “You’re one of the guys bothering these people and wanting to jump this girl.”

There was “an escalation,” he said. Another young man stepped up beside the person talking to Guerra Guerra and quickly, he said, he was attacked and taken to the ground.

He was punching back when he saw the machete and pulled the gun, he said.

The trial continues Wednesday afternoon.

jsims@postmedia.com

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