The mother and brother of an 18-year-old who was shot and killed during a teen field party more than three years ago gave emotional victim impact statements on Wednesday at the sentencing hearing for one of the people involved in the case. Claudia Silva told the court how unbearable her life has been since her son Josue was killed the in July of 2021 saying, “I can never accept the fact that I will never see my sweet boy again.” She added, “I stand here today to try to explain with words the devastating pain, the sadness, the struggle and the terrible effects I have been forced to endure.
” Silva was described in court as an excellent student and good athlete. His younger brother Ricardo telling the hearing, “My best friend and biggest role model is gone.” In an agreed statement of facts, the court heard how 23-year-old Dylan Schaap and a group of others were called out to the field party in southwest London after an argument ensued between teenagers over a spilled drink.
Schaap showed up with a machete and attacked one of the partygoers with the handle as they searched the wooded lot for other people they didn’t even know. The Crown said that he went with a group knowing that one of them had a loaded firearm. Originally charged with second degree murder, in May Schaap plead guilty to the lesser charge of manslaughter and assault with a weapon.
Two others are charged in the case and still before the courts. Schaap has been emotional throughout the proceedings - with the defence saying that he regrets his actions on the day of the shooting. Calling the incident ‘stupid’ and ‘immature’ defence lawyer Aaron Prevost is asking that Schaap receive a 5-year sentence.
He told the judge that Schaap has already served the equivalent of 4 years and nine months while in custody at the Elgin Middlesex Detention Centre. On the other hand, the Crown Attorney Jennifer Moser is requesting a much stiffer penalty saying this was a hunt for innocent unarmed victims and she is asking for a 12-year prison term. Justice Michael Carnegie is expected to hand down his decision on December 17.
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