Jonathan Silva was convicted in November 2008 of felony murder, attempted armed robbery, tampering with evidence and contributing to the delinquency of a minor after 53-year-old Virginia Land was shot during a robbery attempt by two teenagers in November 2011 at a store in Lovington, New Mexico. He was sentenced to life in prison plus four and a half years.
According to an appeal ruling:
Store clerk Virginia Land was shot and killed in the Allsup’s convenience store in Lovington. New Mexico. Jonathan Silva and Juan Nava picked up Joshua G. and Israel Marquez from a residence and dropped them off near an alley, and Child and Marquez walked over to the Allsup’s. Joshua G. was armed with a knife and entered the store with Marquez, who was armed with a shotgun. Marquez demanded money from the clerk, and when she refused, he shot her.
The teenagers were convicted or plead guilty to charges. One of them testified that Silva planned the robbery and supplied the shotgun used to kill Land, however he has now stated in an affidavit that Jonathan did not supply the gun, was not the “mastermind”, was not in their gang (contrary apparently to a claim by the prosecution) , and did not force the teenagers to commit the crime.
I, Joshua G., being first duly sworned according to the Law, present the following facts:
On Nov 6 2008, I Joshua G was called to testify on Joanathan Silva for the murder of Virginia Land. I was crossed examined by his Attorney. I was asked many questions, I was asked “If Jonathan Silva told me and Israel about the clerk or the terms “shoot the bitch” if she refused to give us the money”. Mr Silva never said this. Those statements were made by me earlier in the day. I was also asked a question about the “gun and the ammo”. The gun was given to us by 2 other guys one of which is serving time for the crime Juan Nava. Jonathan Silva never gave the gun or ammo to me or Israel.
It was also stated that Jonathan “made” us do this to establish loyalties for our gangs, or sets. Mr Silva is not from my gang, and Jonathan, did not make or force me or Israel to do anything. It was something that just happened. Mr. Silva was not the mastermind of the robbery or murder, no one was suppose to be shot or killed. Jonathan was just transportation.
I Joshua, am sorry for what has happened, and all the pain we’ve caused. Also for the loss of a innocent life that was taken. “I do this on my own free well”!