Fresno 49ers fan blames religion, not shooting for post-Super Bowl killing

FRESNO, Calif. (KFSN) -- A 49ers fan is accused of going into a rage after their Super Bowl 47 loss and committing murder. And now, Action News can share the Fresno man's last words to his wife as paramedics wheeled him away after a shooting.

"Goodbye Sandra, said Omar Silva as paramedics wheeled him out of his home. "I love you. I'm dying."

Omar Silva wasn't the original target, but prosecutors say he was killed that Super Bowl Sunday two years ago. And now David Quevedo is on trial for his murder.

Witnesses were pretty clear about who killed Silva -- even Silva himself described David Quevedo before he died. But Quevedo's defense is: Even if he did shoot Silva, that's not what killed him. It was the restrictions of his Jehovah's Witness faith.

When the San Francisco 49ers potential Super Bowl-winning drive ended on an overthrown Colin Kaepernick pass to Michael Crabtree, David Quevedo's night was off to a bad start and prosecutors say it got a lot worse.

"When the 49ers lost in dramatic fashion, this defendant became upset, disruptive," said prosecutor Gabriel Brickey.

Quevedo got kicked out of a party for picking on a Ravens fan, then got in a fight when he walked away. Omar Silva was one of two men who broke up the fight between Quevedo and Omar's brother, Arnold. Minutes later, witnesses say Quevedo walked back and knocked on Silva's door. He asked for Arnold, but when Omar came to the door instead, Quevedo opened fire. You can hear Omar describe what happened in video taken by a Fresno police officer who came to help.

"He goes 'What? Bam bam bam bam bam," Omar Silva said.

Silva was conscious at the time. He described the shooter as a man with a big 'B' tattooed on the right side of his face -- the same man who attacked Arnold Silva. He also repeatedly said he was dying and even said goodbye to his wife, even as officers tried to reassure him.

"Like I said, you're not bleeding that much," said an officer.

"I want to sleep please," Silva said.

"No no no, stay awake," the officer said. "Stay awake, man."

Silva later died at the hospital, but Quevedo's defense attorney says the police video shows it wasn't really because of his gunshot injuries. He says Silva died in surgery -- and only because he refused a critical part of the procedure on religious grounds.

"Mr. Silva, due to his beliefs being a Jehovah's Witness, said absolutely not -- no blood transfusions, no blood products at all," said Antonio Alvarez.

Quevedo faces a sentence of life without parole if he's convicted. The trial is expected to last about two weeks.

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