LIHU‘E — A Kapa‘a man will serve a year in jail for threatening his fiancé and scuffling with police during his arrest in December 2011. Dean Silva, 35, received a year on each of three misdemeanor charges involving second-degree terroristic
LIHU‘E — A Kapa‘a man will serve a year in jail for threatening his fiancé and scuffling with police during his arrest in December 2011.
Dean Silva, 35, received a year on each of three misdemeanor charges involving second-degree terroristic threat, resisting arrest and third-degree assault. The sentences will run concurrent.
A 5th Circuit jury found Silva was not guilty of felony charges and guilty of the three misdemeanor offenses last June.
Silva was reportedly in a heated argument with his fiancé, and attempted to drive a pickup truck toward her in a threatening manner, according to court testimony. It was the arrest later in the day that led to his guilty verdicts for fighting and resisting two law enforcement officers.
Defense attorney Craig De Costa said Silva is a skilled and talented individual with a good work ethic. He now understands that he did not have the right to physically resist an arrest even if he felt is was unjust, he added.
County Deputy Prosecuting Attorney Lisa Arin asked the court for a five-year prison term, or for the full-year jail term if probation was ordered. She said Silva placed the people who care about him most at risk, including police officers, his parents and fiancé who has since married him.
Chief Judge Randal Valenciano said he agreed that the defendant had a very bad day. He said as to why he had a bad day was likely related to a substance abuse and anger management problem and included these assessments in the sentencing requirements.
∫ Tom LaVenture, staff writer, can be reached at 245-3681 (ext. 224) or tlaventure@thegardenisland.com.
