Suspected methamphetamine dealer Robby Charles Silva was arraigned and pled not guilty to seven drug-related charges in 5th Circuit Court yesterday morning and will stand trail on Aug. 11, according to deputy prosecuting attorney Mauna Kea Trask.
Silva, 45, of Kapa‘a, was first picked up Sept. 6, 2007, on suspicion of both first- and second-degree promotion of a dangerous drug when he allegedly tried to sell a small amount of ice to a police informant and was found with more than an ounce in his possession, according to Lt. Eric Shibuya of the Vice and Narcotics Division.
Kaua‘i Police Department officials released Silva pending investigation because they wanted to “flip” him and “cultivate him as an informant,” Shibuya said.
When that plan did not work out, a warrant was issued and he was re-arrested on June 23.
Both promotion counts have since been amended to methamphetamine trafficking charges.
The first-degree crimes, Class A felonies, each carry a penalty of up to 20 years in prison, while the second-degree crimes are Class B felonies that are punishable by up to 10 years in prison.
However, the new meth statutes, passed in 2006, prescribe mandatory minimum imprisonment for first-time offenders — between two and eight years for the first degree and between one and four years for the second — while promotion convictions could conceivably net only probation.
Silva is also accused of five counts of possession of drug paraphernalia because he had plastic bags and other similar items, Shibuya said.
Silva, who is represented by renowned O‘ahu-based attorney Michael J. Green, is currently not in custody, according to KPD records. Bail had been set at $100,000.
“We are still evaluating the case and when we complete our review of all discovery, we’ll see if it goes to trial,” Green said.
Shibuya said that Silva has a history of drug arrests and six prior criminal convictions: one for third-degree assault in 1994 and five for contempt of court between 1993 and 2005.