DaSilva Manslaughter Case Starts Wednesday

The manslaughter case for Danbury landlord Joseph DaSilva is scheduled to start at 10 a.m. Wednesaday in Danbury Superior Court, and Judge Robin Pavia heard the last arguments about supressing evidence Friday.

Bridgeport Attorney Eugene Riccio is seeking to throw out Danbury Landlord Joseph DaSilva's first interview with the police, as well as a dying declaration victim Luis Encalada may have given his friend Juan Chuqui before being loaded into an ambulance.

The Danbury Police Department and the State's Attorney's Office is arguing that DaSilva threw three or four men out of one of his apartments at 58 Town Hill Ave., on Nov. 6, 2009. One of the men, Encalada, died after being struck by DaSilva, the argument goes. The men were not renting the apartment, and the arrest warrant application said upon hearing word the men were in the apartment, DaSilva drove over and threw them out.

Encalada, who had a blood alcohol level of .381, died in surgery from internal bleeding caused by a lacerated liver.

Riccio argued that when three police officers drove to DaSilva's New Milford home at 10 p.m. that night, DaSilva was interrogated and he wasn't read his Miranda rights. He called it an interrogation with an element of deception. He said police didn't tell DaSilva that Encalada died, and they were trying to get DaSilva to implicate himself in his death.

Assistant State's Attorney Sharmese Hodge disputed that, saying it was a friendly conversation by police, who were trying to find out what happened. They didn't take DaSilva to the police station. He didn't ask them to leave, they identified themselves and asked what happened.

"Here we have a 15 or 20 minute conversation. It began naturally and it ended naturally. They went on their way," Hodge said. Hodge said DaSilva is an adult and he runs his own business and he certainly knows his rights. "The defendant was not a suspect at that time."

Regarding the dying declaration, Riccio argued it should not be admitted for a number of reasons. It wasn't made to the police, a medical person or family member. It wasn't given to police until two months after Encalada's death, and the victim was highly intoxicated and there is no reason to think he knew he was dying. Riccio also argued that the person who said he heard the last words, Chuqui, is largely incoherent, and it didn't appear he could understand questions or make responsive answers when he spoke in Court Thursday.

A dying declaration is sometimes allowed in court as what is called an exception to hearsay evidence. Hearsay evidence usually isn't allowed in court. Riccio argued this isn't a genuine dying declaration, and it shouldn't be allowed.

Hodge said the victim, Encalada, probably did know he was in serious trouble, because he'd been thrown out of the apartment and he fell down and couldn't get up after he got outside. He had blood in his mouth and he said he wasn't feeling good.

When his friend, Chuqui asked him what happened, he said, "Silva did it." Hodge argued that simple statement is very powerful.

"He didn't say Joseph DaSilva, Jr. did it, the man with the real estate office on Main Street," Hodge said. "He said, "Silva hit me."

Hodge argued it should be allowed. His friend came along and he described the situation.

Riccio said Chuqui had been interviewed by the police in November, but he didn't offer or remember his friend's last words until two months later. Riccio questioned the timing of the statement.