Defense attorney Antonio Alvarez was, in the way of the old attorneys’ joke, reduced to pounding on the table. Still, he came up with one of the more promising defense gambits since the “twinkie defense” and the evergreen, “perhaps he killed his parents, but have some sympathy for an orphan!”
Alvarez’s approach: “If my client’s victim hadn’t been a Jehovah’s Witness and refused a transfusion, he’d have survived my client shooting him.”
Yeah, the jury didn’t buy it. Props to Alvarez for doing the utmost with the crappy hand his client dealt him. His client, by the way, is the tatted-up scrote, one David Quevedo, seen to the left. And… as you might guess from his prison-defaced mug, this was not his first rodeo. So for David Quevedo, a convicted felon, guns were already outlawed. The Fresno (CA) Bee:
The shooting attracted instant notoriety when authorities said Quevedo, a San Francisco 49ers fan, went on a rampage after his team lost to the Baltimore Ravens in the Super Bowl. It gained more notoriety during the trial, when Quevedo’s lawyer claimed Silva could have lived, but his Jehovah’s Witness religious beliefs stopped him from getting a blood transfusion.
Omar Silva died during surgery after he refused a blood transfusion, defense attorney Antonio Alvarez told the jury.
Jehovah’s Witnesses believe it is against God’s will to have a blood transfusion.
In the trial, both sides agreed that Quevedo shot Silva, the father of four children.
Prosecutor Gabriel Brickey, however, told the jury that pathologist Dr. Michael Chambliss’ expert opinion was that even if Silva had received the transfusion, he would have died anyway because one bullet hit his inferior vena cava, a major vein. In asking for a first-degree murder conviction, Brickey said Silva was an innocent victim of gang violence and that Quevedo deliberately shot Silva after getting into a fight with Silva’s brother. After the shooting, Silva’s daughter picked Quevedo out of a police photo lineup, Brickey said.
In defending Quevedo, Alvarez said his medical expert, Dr. David Posey, believed Silva had a 90% chance of survival if he had had the blood transfusion. But Alvarez’s argument fizzled when Posey said on cross examination that a substantial factor in Silva’s death was the gunshot wounds.
No $#!+, Sherlock Holmes. Did the defender really think no one was going to ask, “Uh, why did poor Mr Silva need a transfusion? Was it because the client who hired you shot the living Jesus out of him, perhaps?”
Court records say Quevedo has been to prison before — in 2007 for felony battery of a custodial officer and in 2011 for taking someone’s property. He was on supervised release when he was arrested after the Silva shooting.
Note that for him to commit felony battery of a custodial officer in ’07, he had to be locked up in the first place. What that was for is untold in the story.
As a convicted felon, Quevedo was already a prohibited person. As a parolee, he was already a prohibited person. As a gang member, he was already a prohibited person. Good thing the law forbade him to have a gun!
Maybe they ought to have a law that forbids him to kill people with it… oh, snap! That’s the one he was convicted on.
He really doesn’t seem to have much to do with the law, does he?
Quevedo was a “made guy” in the pathetic street crime gang, the Bond Street Bulldogs. That’s why he has the “B” tattooed on his face — it’s not because he was a fan of the Red Sox as well as the 49ers.
The paper gives a pull quote that suggests just how many of the gunslingers in the California city where this crime eventuated Just Might Be Prohibited™:
There are about 20,000 gang members in Fresno. They account for about 75% of the shootings in Fresno.
(Fresno, naturally) Police Chief Jerry Dyer
If Quevedo is typical, they’re better shots than the average cop, too:
About 9:30 p.m., Omar Silva was with his wife and children when Quevedo knocked on the front door and asked to see Arnold Silva. Silva’s daughter answered the door and said her uncle was not home. Omar Silva, who had just gotten out of the shower, then approached the front door, wearing only a towel around his waist. Quevedo fired eight rounds toward Silva, Brickey said. Three shots hit Silva in the chest and one hit him in the back, the prosecutor said.
Four out of eight… that’s Distinguished Marksman, by cop standards. The shot that killed Silva hit the inferior vena cava, the major vein bringing deoxygenated blood from the lower body to the heart; an IVC penetration is normally a mortal wound; the patient can’t be stabilized, exsanguinates, and crashes within seconds to minutes (depending on the size of the wound).
The depressing fact pattern is that, when guns are outlawed, as many guns are in the state where this crime took place, guys like Quevedo never fail to get guns. And when they kill, injure and rob with them — because that’s what they do — the same geniuses who wrote the laws that like totally like completely prevented this unpossible crime will find some new legal restriction to lay on the people who are not committing any of these crimes, the state’s legal gun owners.
Exit question: is the California Department of Corrections going to put him in lockdown on Super Bowl Sunday? Just a precaution, you know.