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- A jury convicted Oliver Spencer Avila of manslaughter after finding him guilty of murder, but cited "imperfect self-defense."
- Jurors concluded Avila believed he was acting in self-defense in a 2023 West Jordan shooting death, even though he was not.
- A judge entered a reduced conviction of manslaughter and will sentence him Feb. 12.
SALT LAKE CITY — A jury convicted a man of murder after he pulled out a gun and fired it during a fight. But jurors said the man did believe he was acting in self-defense, even if he was wrong.
Because the Salt Lake County jury ruled that Oliver Spencer Avila, 25, thought he was justified when he fired his gun — known in Utah's law as "imperfect self-defense" — he will be convicted of and sentenced for manslaughter, a second-degree felony, instead of murder, a first-degree felony.
Salt Lake County District Attorney Sim Gill said this conviction helps "deliver accountability and justice" for the family of the victim, Guthrie Serawop, 35.
"The jury's finding that the defendant had an imperfect self-defense is contrary to what our office attempted to prove, but we accept their conclusion," Gill said in a statement.
In addition to being convicted of murder, Avila was also convicted by the jury on Nov. 15 of felony discharge of a firearm causing serious injury, a first-degree felony; felony discharge of a firearm causing injury and obstruction of justice, second-degree felonies; and felony discharge of a firearm, a third-degree felony.
On Feb. 1, 2023, Avila had gone to a home at the Riverview Townhomes, 1665 S. Riverside Drive (1140 West), where his brother Julio Steven Cardona had been spending time. He asked the brother to return a gun that he owned, saying he believed people were looking for him. Prosecutors say Serawop arrived at the home and said he wanted to speak with Avila and the two went outside and a heated conversation turned into a fight.
"The video shows during the fight, the defendant took out his gun and shot at Mr. Serawop several times, nearly hitting Cardona and another witness as well. The defendant shot Mr. Serawop three times and grazed him with a fourth bullet. Medical personnel took Mr. Serawop to the hospital, where he succumbed to his injuries that night," the district attorney's office statement says.
He is scheduled to be sentenced on Feb. 12, 2025.
In August of 2023, Cardona pleaded guilty to possession of a dangerous weapon as a restricted person, a second-degree felony, for his role in the fight. He was sentenced to a term of one to 15 years in prison.
