Bush bash homicide trial resumes with one defendant, not two

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The bush party homicide trial continued Thursday, but with only one, not two, defendants.

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After a week-long hiatus from the trial, the Superior Court jury began hearing evidence again Thursday morning with only Carlos Guerra Guerra, 23, on trial for second-degree murder in the shooting death of Josue Silva, 18, on July 31, 2021.

Missing from the defence side of the courtroom were Emily Altmann, 22, who had been on trial with Guerra Guerra, and her legal defence team of Nathan Gorham and Breana Vandebeek.

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“You’ll note that Ms. Altmann is no longer before the court. I’ve also excused her counsel, Mr. Gorham and Ms. Vandebeek from this trial,” Superior Court Justice Patricia Moore told the jury. “I am instructing you that you must not speculate as to the reason for her absence.

“We will carry on the trial for Mr. Guerra Guerra only. Ms. Altmann’s absence has no bearing on your verdict in relation to Mr. Guerra Guerra.”

Guerra Guerra has pleaded not guilty to second-degree murder in the death of Silva and not guilty to assault with a weapon, namely a blunt object, of Logan Marshall, one of Silva’s closest friends.

The last time the jury attended the trial was on Nov. 21, when, after a morning of legal arguments that were held without the jurors in the courtroom, they were told the Crown was no longer proceeding with a second-degree murder charge against Altmann, but would be moving forward with the included offence of manslaughter.

The jury was supposed to return Monday, but their presence wasn’t required until Thursday.

With Altmann out of the trial, the dynamics inside the courtroom will certainly change. Gorham had been a larger-than-life presence over the first six weeks with his vigorous cross-examinations of the young adult witnesses who had been at the party where Silva was shot in the abdomen.

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The jury has already heard that Altmann was engaged in a heated argument with another group of young people after party-goer Isabella Restrepo threw an open canned drink at her group of friends.

Altmann and her friends were escorted out of the party and they returned to her car, where Altmann called and sent texts to Guerra Guerra, asking him to help her.

The jury has seen a security video of Guerra Guerra arriving at the Pack Road address in southwest London where the party was held, along with Dylan Schaap and two women in Guerra Guerra’s Dodge Journey.

Guerra Guerra and Schaap wore masks and black clothing. Witnesses reported seeing a large knife. The video showed the men, Altmann, two of her friends and the women who arrived with Guerra Guerra head into the wooded area.

The jury has also heard evidence that Restrepo, Marshall, Silva and others hid in the bush after they were warned that someone had arrived with weapons and was looking for them.

Found at the crime scene was a bullet casing and a machete that was found to have multiple sources of DNA on it. One of the profiles was Silva’s.

The jury has already heard that Schaap has pleaded guilty to manslaughter.

The material changes at the trial happened after Jessica Falardeau, 19, one of the young women who arrived at the party with Altmann and was 15 at the time, finished her testimony.

Her sister, Jamie Falardeau, 21, who also was at the party with Altmann, is the next Crown witness.

The trial continues.

jsims@postmedia.com

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