Murder Trial Begins in Case Involving Central Figure in Original Gang Injunction

The trial began for Shannon Silva and Billy Wolfington, charged with murder and gang charges following what was described by Deputy DA Ryan Couzens as one of the most brutal stabbings one medical investigator had ever scene.

The victim was 29-year-old Bobby Brittenum, who was stabbed more than 14 times in a room at the Town House Motel located in the 900 block of West Capitol Ave.  The stabbing occurred at 6:45 pm, and Mr. Brittenum was found lying in the parking lot, bleeding.  He would be transported to the hospital but died from his injuries.

Mr. Silva and Mr. Wolfington were reportedly attempting to flee the scene and hide in nearby bushes when they were located by responding officers, including West Sacramento Police Officer Mark Flatley, who briefly testified on Thursday morning in Judge Stephen Mock’s courtroom.

In his opening comments, Mr. Couzens described the scene of the crime as a small 11 by 16 foot motel room.  There were two rooms in which partying was occurring and Mr. Couzens described a scene of smoking meth and drinking.

Mr. Silva was partying in one of the rooms as Mr. Wolfington arrived with a laptop, trying to find someone who would buy it from him.  Mr. Wolfington’s appearance apparently began to frighten some of the guests and he was playing around with a large butterfly knife.  He would take a phone call that seemed to agitate him.

Mr. Silva then told everyone they had to go, even though it was not his room.  Mr. Couzens argued there was no rowdiness and people began to question why they needed to leave.

It was at this point that Mr. Brittenum refused to leave, stating, according to Mr. Couzens, “I’ll leave when I want.”

Mr. Couzens stated that Mr. Wolfington would respond, “That’s if I let you leave,” though Mr. Couzen’s contention was disputed by one of the first witnesses.  Mr. Couzens said that Mr. Wolfington then made a gang statement to the effect that he was a Broderick Boy.

Mr. Silva then began to punch Mr. Brittenum and eventually Mr. Wolfington would jump in, stating, “Well it looks like I’m going back to the pen,” and then began a wild and brutal stabbing spree where he stabbed the victim more than 14 times from a variety of different angles even as the victim attempt to escape.

Mr. Couzens described the more than 14 stab wounds, explaining that the doctors attempted to cut through some of the wounds to get access to injured vital organs.  He stated that the doctor described it as the worst stabbing he had ever seen.

Wounds included a fractured skull from the knife actually penetrating, a stab wound that went from the liver into the heart, and a severed carotid artery.  Mr. Couzens argued that investigators found no defensive wounds.

When they caught the two suspects, the blood found on Mr. Wolfington matched Mr. Brittenum’s with a high degree of certainty.

Mr. Couzens throughout his opening statements acknowledged that the accounts would have conflicting details.  Some of that was due to the length of time that has passed and the fact that many of the witnesses were partying.

At the same time, he alleged, there was tremendous witness intimidation, with the Broderick Boys being notorious and many witnesses being afraid to speak out.

Deputy Public Defender Ron Johnson, representing Billy Wolfington, deferred his opening statement until later in the trial.  Danny Brace, representing Shannon Silva, argued that Mr. Silva bore far less culpability in this incident than Mr. Wolfington.

Mr. Brace, in his brief opening statement, argued that the credibility of the witnesses in this case are questionable, but what the evidence will clearly show is that, while Mr. Silva was there, he did not stab or kill Mr. Brittenum.

Mr. Silva did briefly “shove” Mr. Brittenum, but he argued that, based on his minor role in the altercation, it was not a foreseeable or natural consequences that Mr. Wolfington would escalate the conflict by drawing a knife and stabbing the victim.

He argued that the evidence will show that Mr. Silva would attempt to get Mr. Wolfington off the victim, leading to his being stabbed in the triceps.

He argued that he had no knowledge of Mr. Wolfington’s actions, that they were not acting in concert, and that he did not help Mr. Wolfington.

Central to this case are the gang allegations, which Mr. Couzens would argue, based on a video captured of Mr. Wolfington eight days before the killing, to be central to the motivation here – the notion of inducing fear and respect.  Mr. Couzens likened Mr. Wolfington to a bully.

In his opening statement, Mr. Couzens argued that this case amounted to two themes – the necessity of fear, and gang violence.  Mr. Wolfington was the original defendant in the 2005 Gang Injunction, in which then-Deputy DA Jeff Reisig would allege him to be a Broderick Boy who did not live in West Sacramento.

On January 5, 2005, the district attorney filed a proof of service on Mr. Wolfington.  According to a 2005 article in the Sacramento News and Review, “The district attorney argued that by picking Wolfington as a sort of  ‘agent of service’ for the criminal street gang, news of the injunction would travel throughout the Broderick Boys organization, and anyone who wanted to argue against it could appear at the court hearing.”

Ultimately, that case was thrown out by the courts and the DA was forced to reinstitute the gang injunction through a different tactic.

In his opening arguments, Mr. Couzens likened gangs to a franchise model, where crime in one city by a given gang enhances the franchise reputation in other cities.

Mr. Couzens would claim linkages between the Broderick Boys, widely considered a sect of the Norteños and the Northern Riders, a splinter group who rebelled against the Norteño’s hierarchy.

He noted that Billy Wolfington was a cellmate of Northern Riders founder Maurice Vasquez.  However, he noted that the two gangs are not mutually exclusive, and he asserted through the depicted of gang tattoos that Mr. Wolfington was a member of both gangs.

In closing his opening comments, Mr. Couzens would state that Billy Wolfington and Shannon Silva “attacked him for no good reason other than a perceived act of disrespect.”

—David M. Greenwald reporting

Testimony Begins in Wolfington/Silva Gang Trial

By Charmayne Schmitz

On Thursday, the first witness was called in the case of People v. Wolfington and Silva. The two are accused of Felony Murder, Gang Activity and Use of a Deadly Weapon in a September 2011 stabbing incident at a motel in West Sacramento.

Officer Mark Flatley took the stand to recount his part in the arrest of the two defendants. Flatley and another officer followed a blood trail from the motel leading across the railroad tracks. Silva had suffered a severe cut on his upper arm during the fight. The accused pair was found hiding in a hollow under some bushes. The knife used in the murder was never found, although a smaller knife was confiscated from Silva. Deputy District Attorney Ryan Couzens presented a number of photos of the hiding spot, blood-soaked clothes and aerial shots of the surrounding area.

The prosecutor then called Carlitha Gordon. Ms. Gordon was staying in Room 107 of the motel.  Her friend Kiki was in the room next door. Mr. Silva, known as “Red,” and Ms. Gordon met a few days before the killing and became friends. On this day they were hanging out in her room, playing dice or resting. Kiki was having a party next door with several other acquaintances, including Bobby, the soon-to-be victim.

Ms. Gordon had been interviewed by police shortly after the incident. On the stand she could not recall many of the details of her prior statements. It’s customary in court for the questioning attorney to ask, “Would looking at the transcript refresh your memory?” Witnesses usually say yes, review the transcript, and then respond. Ms. Gordon refused to look at the transcript. This happened many times during her testimony.

Mr. Wolfington arrived at Carlitha’s room at some point. Carlitha didn’t like his demeanor, how he walked and talked, and she became fearful of him. He was playing with a butterfly knife while talking on a phone. Mr. Couzens asked for details about the phone conversation. Carlitha began to cry. The judge called the lunch break to give her time to recover.

After lunch, Carlitha returned to the stand. She said Wolfington appeared angry after the phone call. Wolfington left her room. After a while, Red left also. Kiki then came to Carlitha’s room and asked for help. Kiki wanted the people in her room to leave. Kiki had mental problems and Carlitha was protective of her. When Carlitha went next door there were at least six people there, including Bobby, Red, Wolfington and another female named Simone.

Carlitha told the people to leave. But the only person she knew well, other than Red and Kiki, was Bobby. Ms. Gordon had been friends with Bobby for about six months. Bobby even took her to meet his family. She moved closer to Bobby and said, “My friend wants you to get out of the room.” She was talking to everybody; but the way it was expressed it could have been misunderstood.

There was some confusion between prior statements and today’s testimony about who said what and when. Bobby allegedly said “If I go, I’ll be back.” According to another statement, “You’re not going to go…” was raised by both the prosecutor and the defense attorneys. It was never definitively determined who said it or whether it was a question or a statement. Ms. Gordon did claim that Bobby’s statement was the last thing she heard.

Bobby was then hit in the head. Carlitha doesn’t know who hit him. Kiki went for Bobby as if to help, and Carlitha pulled her back. Then Carlitha saw Wolfington punching Bobby in the side numerous times. She didn’t see any blood until she was leaving the room.

Simone accused Carlitha of being responsible. Bobby’s family also blamed her, until she explained the details. After the interview by the police, Carlitha was dropped off in West Sacramento. When she returned to the motel, a lot of people were angry. The motel gave her one case of her things and she lost all her other belongings. She was afraid because everyone was upset with her.

Before the trial started, Carlitha was approached by a person she refuses to reveal. That person attempted to “coach” her. She is “scared to death.”

Defense attorney Johnson, for Mr. Wolfington, cross-examined Ms. Gordon. Most of the responses were a review of the direct testimony. A few questions brought out further details. Johnson asked if the atmosphere in Kiki’s room was friendly or heated when she arrived. Ms. Gordon said she didn’t know there was any heat because “I was the hottest thing in there. Coming to clear the room out…thought I had control to clear it out.”

Mr. Johnson had questions concerning Bobby’s gang affiliation. Ms. Gordon believed he was a Crip at one time. When he was killed he wore the colors but wasn’t active. The attorneys asked for clarification. The response was everyone wears colors. Ms. Gordon then revealed she grew up in a gang family, but got out at 19. She refused to say which gang.