MADISON, WI (WTAQ-WLUK) – WLUK is reporting a state appeals court Tuesday upheld Alejandro Silva’s conviction for a 2013 murder in Outagamie County.
Silva, now 24, was convicted of first-degree intentional homicide for the shooting death of Kamewan Salzman outside of Benderz Bar in the Town of Oneida.
The court’s 23-page decision rejected Silva’s argument that the jury instructions about the various verdict options were improperly given.
Silva also argued because the bullet which killed Salzman ricocheted off the ground, it proved he didn’t aim at Salzman and didn’t intend to kill him. The court rejected this, too.
“Moreover, it was not necessary for the jury to conclude that Silva was aiming directly at Kamewan to convict him of first-degree intentional homicide. The jury was instructed that “intent to kill” means that a defendant had the mental purpose to take the life of another being or was aware that his or her conduct was practically certain to cause the death of another human being. The mere fact of a ricocheted bullet is not incompatible, as a matter of law, with the jury’s finding that Silva had formed the intent to kill at the time of the shooting,” the court wrote.
Silva also argued because an alternate juror said the panel talked about the case before it was done, and was in a hurry to complete the case, it constituted juror misconduct. But the court rejected those arguments, as well.
Silva is first eligible for parole in 2041.
