London bush party killer to serve minimum 16 years for 'senseless' murder
Carlos Guerra Guerra was sentenced to life with no chance of parole for 16 years for fatally shooting Josue Silva.
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When the judge spoke to them directly after sentencing their son’s killer to life, Josue Silva’s parents squeezed each other’s hands.
“I acknowledge that no matter the sentence I impose in this case, which was life, nothing will ever compensate for the loss of your beloved son,” Superior Court Justice Patricia Moore said to Claudia and Ricardo Silva.
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“Although no one who has not endured a loss such as yours can truly understand your pain, I empathize with your loss and hope the end of this process allows you to move forward as best as you can.”
It already had been a long road from July 31, 2021, when their 18-year-old son was shot to death at a teenagers’ bush party, to Monday when Carlos Guerra Guerra, 24, the wannabe rapper who was carrying a loaded gun around London, was sentenced to life in prison with no chance for parole for 16 years, for second-degree murder.
Guerra Guerra was found guilty by a jury on Jan. 3 after a marathon 12-week trial that dissected what happened the night Emily Altmann called and texted her bad-boy friend to save her from a group of 10 men she said were harassing her after she had a confrontation with some women over a spilled drink and unwanted snapped photos.
It was an exaggeration with terrible consequences. Guerra Guerra and his sidekick, Dylan Schaap, 23, showed up masked and armed – Guerra Guerra with a gun, Schaap with a machete – and found Altmann outside the woods, safe and out of danger. They went with Altmann to seek out the people she said had done her wrong, while the strangers they sought hid in the bush in fear.
Silva, a Western University student with a bright future, along with his friend Logan Marshall, 22, and others came out of hiding when they thought the coast was clear.
Instead, they emerged in front of the masked men. Marshall was hit in the head with the blunt end of the machete, but got away, Silva was in a tussle with Guerra Guerra, who shot Silva in the abdomen while on top of him.
Silva was pronounced dead at hospital.
“There are other cases that use the word ‘senseless’, but it applies in this case to an even greater degree,” Moore said during her sentencing decision.
“Mr. Guerra Guerra had no direct quarrel with Mr. Marshall, Mr. Silva and their friends. His only connection to them was that they upset his friend, Ms. Altmann.
“He had no reason to believe they were armed. When Mr. Guerra Guerra arrived at the party and found Ms. Altmann already out of the bush and on the road and not in danger, he could have certainly left. That is what makes what happened next ‘senseless.'”
He was sentenced to a further two years for assault with a weapon on Marshall. Another 2 1/2 years were added for obstruction of justice for telling Altmann to destroy their text messages police later were able to retrieve.
And another 2 1/2 years are to be served at the same time as the obstruction conviction for intimidating Altmann’s friends, who were threatened by text. The total additional sentence is 4 1/2 years, but with time served, Guerra Guerra has little more than two years on that term.
There were loose ends to tie up before Moore started to announced her decision. Schaap is serving a total of 10 years for manslaughter and aggravated assault, but mid-way through the trial, Altmann’s charges were stayed.
Assistant Crown attorney Jennifer Moser wanted to put on the record the reasons why the Crown made the decision not to continue to pursue the charges against Altmann. It rested on what happened during the testimony of Jessica Falardeau, who was 15 and with Altmann that night and pivotal if the Crown was to prove Altmann knew Guerra Guerra was bringing a gun.
“At the conclusion of Ms. Jessica Falardeau’s testimony, the Crown no longer believed there was credible evidence to suggest that Ms. Altmann was aware that Mr. Guerra Guerra was bringing a firearm to the party that evening,” Moser said.
She reminded Moore that right after Falardeau testified, the Crown reduced Altmann’s charge to manslaughter, then, without the jury present, invited Moore to stay her charges.
“The Crown has an ongoing obligation to assess the reasonable prospect of conviction and the public interest at every stage of the prosecution,” Moser said and after Falardeau’s evidence, “ultimately determined that a stay in relation to Ms. Altmann’s charges was a fair outcome and in the public interest.”
While there wasn’t sufficient evidence in Altmann’s case, there was lots to convict Guerra Guerra. Moore made findings of fact based on the jury’s verdict.
Her key finding was a sound rebuke of the defence’s suggestion Silva was armed with his own machete the night he was murdered.
“I am satisfied beyond a reasonable doubt that Mr. Silva was unarmed,” Moore said, adding she believed the Marshall/Silva group when they said they were hiding in fear, not “laying in wait.” And she noted Guerra Guerra never told anyone after the shooting Silva was armed and he was acting in self-defence.
“No one other than Mr. Guerra Guerra ever saw Mr. Silva with a weapon that night. I accept their evidence that they emerged from hiding intending to locate their other friends and to leave the party.”
Moore said she did not find Guerra Guerra “credible” and pointed to how Moser, during her cross-examination, dismantled his story, including his assertion he had a loaded gun with him so he could film an “authentic” rap video. She was convinced Guerra Guerra went to the party intending to find the people he believed had wronged his friend.
Guerra Guerra does have some hope for rehabilitation. He was only 20 at the time of the murder and was working full-time for his father with hopes of returning to school. He also described himself as an aspiring “musical artist” and he had strong support from his loyal Colombian-born parents and friends.
Moore also pointed to the poignant victim impact statements from Silva’s parents and brother, along with a legion of friends who feel his loss every day.
“Through his actions, he has devastated the friends and families of Josue Silva and Logan Marshall,” Moore said. “It is also clear to me, from watching his parents throughout the trial, he has devastated his own family as well.”
The loaded handgun was an especially aggravating feature of the case. “I don’t know Mr. Guerra Guerra’s exact motive for carrying a gun around that night, but he clearly had it out and about in various public settings that evening. There is simply no excuse for such conduct,” Moore said.
“Unfortunately, on July 30, 2021, Mr. Guerra Guerra decided to take a loaded firearm from his cache of guns and carry it around the city. Once at the bush party, he took the loaded gun to a potential fight, a fight that I find the other people were trying to avoid.”
Guerra Guerra caused “a senseless death of an 18-year-old, the serious injury of another young man, both of whom who simply wanted to have fun with their friends,” Moore said.
Throughout the sentencing, Guerra Guerra was quiet in the prisoner’s box and when he stood to be sentenced, he clasped his hands in front of him.
As he was led away, he looked back quickly at his family, gave a wink and was gone.
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