Jury finds Fresno gang member guilty of murder

A Fresno gang member was found guilty Wednesday of first-degree murder — despite a defense attorney’s claim that the shooting victim could have lived, but his religious beliefs stopped him from getting a blood transfusion.

David Quevedo, 26, faces life in prison without parole when he is sentence on June 24 in Fresno County Superior Court.

Quevedo was accused of fatally shooting Omar Silva, a 36-year-old Jehovah’s Witness, who died during surgery in February 2013 after he refused a blood transfusion.

Jehovah’s Witnesses believe it is against God’s will to have a blood transfusion.

During the trial, defense attorney Antonio Alvarez told the jury that the blood transfusion could have saved Silva’s life.

Prosecutor Gabriel Brickey, however, said that pathologist Dr. Michael Chambliss’ expert opinion was that even if Silva had received the transfusion, he would have died because one bullet hit his inferior vena cava, a major vein.

In asking for a first-degree murder conviction, Brickey told the jury Quevedo deliberately shot Silva in front of Silva’s 13-year-old daughter after getting into a fight with Silva’s brother. After the shooting, the girl picked Quevedo out of a police photo lineup, Brickey said.

The jury deliberated about six hours before reaching a verdict. Jurors left without talking to the attorneys.

In addition to murder, jurors found Quevedo guilty of killing Silva to promote a criminal street gang and being a felon in possession of a handgun.

The shooting on Feb. 3, 2013 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. Brickey told the jury that Quevedo claims allegiance to the Bond Street Bulldogs and has the letter B tattooed on his right cheek.

Both sides agreed that Quevedo shot Silva. But Alvarez argued his medical expert, Dr. David Posey, believed Silva had a 90% chance to survive if he had the blood transfusion. But on cross examination, Posey told Brickey that a substantial factor in Silva’s death was the gunshot wounds.

Court records say Quevedo has been to prison twice — 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.

Brickey told the jury that Silva was an innocent victim of gang violence.

Both sides agree that on Feb. 3, 2013, Quevedo became angry when the 49ers lost in the Super Bowl. Quevedo began to cause trouble at the game party near Silva’s home and was kicked out. While on the street, he ran into Arnold Silva outside his brother’s home on East Hedges Avenue, south of Fresno City College. Quevedo confronted Arnold Silva and asked him what gang he claimed. When Arnold Silva replied he was from Fresno, a fight broke out. The two men fought until Omar Silva broke up the altercation, Brickey said.

Before leaving, Quevedo, who was wearing a red 49ers jersey, shouted “Bond Street” and said “I’ll be back,” Brickey said.

Brickey told the jury a neighbor’s video surveillance camera captured the deadly encounter when Quevedo returned to Omar Silva’s home.

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. One of the children, who was 13, answered the door and said her uncle was not home. Omar Silva, who had just gotten out of the shower, 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.

A body camera worn by an officer who responded to the shooting captured Silva’s words before he was rushed to the hospital.

“Jehovah, Jehovah, I’m dying, I’m dying,” Omar Silva said.

After the officer assured Silva he would be fine because the bullet holes were small, Silva died during surgery.

Quevedo was arrested later that week by officers from the police department’s Street Violence Bureau.

After the verdict, Alvarez said the blood transfusion argument was one part of his defense. He also argued that someone else killed Silva because the neighbor’s video captured Quevedo and an unknown person going to the front door of the victim’s home. There also was another person in the getaway car, Alvarez said.

“I’m disappointed,” Alvarez said, “because choices Quevedo made in the past came back to haunt him. I’m also sad that the streets have claimed another person.”

This story was originally published May 27, 2015 at 5:29 PM with the headline "Jury finds Fresno gang member guilty of murder."