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VERNAL — Six people are now set to stand trial for the June 18 shooting death of a Roosevelt man that one of the defendants says was instigated by an act of vandalism and taunting text messages.
The claim by Teaunna Cesspooch was recorded by an FBI agent who interviewed her several days after James Edward Carey, 25, was killed and another man was wounded. Portions of that interview were played Wednesday in 8th District Court during a preliminary hearing for Cesspooch and her co-defendant, Bruce Silva.
Silva, 23, is the man police believe fired the fatal shots on June 18 during a confrontation between two groups at a Uintah County home. He is charged with criminal homicide and attempted murder, a first-degree felony, as well as other charges in connection with the incident.
Cesspooch, 19, is charged with murder and attempted murder, both first-degree felonies. She also faces additional felony and misdemeanor charges. Investigators say she drove Silva and his group to and from the home on the night of the shooting, and had possession of the .380- caliber handgun that was used.
In her interview with FBI agent Travis Lemon, Cesspooch claimed Carey had vandalized Silva's car on the day of the shooting, breaking out the vehicle's window. She told Lemon that after the vandalism, Silva's girlfriend, Shadow Reed, began receiving a stream of text messages "challenging (Silva) to fight."
In response to the taunts, a group of people headed to the home where they believed Carey was, Cesspooch told Lemon. Silva and three of his brothers — Adrian Silva, Alberto Silva Jr. and Kevin Silva — had baseball bats, she said. Another member of the group, Colin Ryan Manning, had given her a .380-caliber handgun, which he later took from her when the group reached its destination.
"I handed (the gun) to him, and then things got crazy," Cesspooch told Lemon, adding later, "I just thought he wanted to scare them. I didn't think they wanted to shoot anyone."
Manning told an FBI agent after the incident that Silva grabbed the gun from him and fired it at the people who had come out of the home. His account was supported by Carey's brother, Terry Carey, who spoke to a Uintah County sheriff's deputy in a recorded interview about 20 minutes after the shooting.
A portion of that interview was also played in court Wednesday. Terry Carey, who died in a traffic accident earlier this month, told the deputy one of the people he encountered outside the home had a gun pointed in the air when another man walked over and "stole it" from the first man.
"When he fired it, at first I thought he was just playing with us," Terry Carey said, saying that the gun's report sounded like a small firecracker.
I handed (the gun) to him, and then things got crazy. I just thought he wanted to scare them. I didn't think they wanted to shoot anyone.
–- Teaunna F. Cesspooch
He said he tried to get everyone back inside the house, but his brother and another man had already been shot.
Terry Carey initially told the deputy he didn't know the man who shot his brother.
"I think they came to the wrong house, personally," he said.
Later, he said the man who fired the shots was shouting, "This is Bruce's (expletive)!"
Defense attorneys for Silva and Cesspooch raised questions about inconsistencies in the statements made to law enforcement by Manning and Terry Carey. But under questioning from Uintah County Attorney G. Mark Thomas, FBI agent David Ryan said all of the witnesses were consistent about one important fact.
"Who fired the shots?" Thomas asked.
"Bruce did," Ryan responded.
Eighth District Judge Ed Peterson ruled after more than four hours of testimony that probable cause existed to bind Silva and Cesspooch over for trial. He set a Jan. 25 status hearing in both cases.
Adrian Silva, Alberto Silva Jr. and Kevin Silva all turned down plea offers from Uintah County prosecutors in October. Bruce Silva's girlfriend, Shadow Reed, also rejected a plea offer. Individual jury trials for the four defendants are set to take place over a three-month period beginning in January.
The three brothers and Reed each are charged with murder and attempted murder, both first-degree felonies; three counts of aggravated assault, a second-degree felony; and three counts of committing a violent act in the presence of a child, a class B misdemeanor.
Though they are not accused of firing the shots that killed Carey and injure Hurley, prosecutors say the legal principle of accomplice liability allows them to charge the three brothers and Reed with murder and attempted murder.
No state charges have been filed against Manning because he is an enrolled member of an American Indian tribe, and the shooting occurred within the boundaries of the Uintah-Ouray Indian Reservation.
Manning could face federal charges. However, the FBI and U.S. Attorney's Office does not discuss ongoing investigations or potential prosecutions as a matter of policy.
All four Silva brothers, Reed and Cesspooch remain in the Uintah County Jail, where they've been held since their arrests. Bruce Silva is being held without bail, as are Reed and Cesspooch. The remaining Silva brothers are being held on $250,000 bail each.
Email:gliesik@desnews.com
