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JOE DASILVA CASE: Sentencing day rough transcript

Thursday, March 15, 2012
Time: 5:53 PM



Here's a transcription of my notes from the sentencing. The following are paraphrased remarks and are close to word for word as possible.

Prosecutor speaks:

On November 6 2009, a life was dramatically changed (Photo of Luis Encalada Bueno is projected on a screen).

Luis Encalada Bueno left behind children, and 2 widows who are now forced to become the financial providers and well being of the children (photos of Luis E. and his family are shown).

On 11.05.09, a group of friends went to 58 Town Hill Ave, a place thought to be a friends place. They ate, drank, and enjoyed each other's company. (Pictures of immigrants who were at Town Hill Ave displayed on the screen).

On 11.06.09, an occupant on the first floor (Brian Ferguson) noticed water leakage and called Rolando DaSilva, who then contacted Joe DaSilva.

DaSilva learned of people on the 2nd floor of the apartment, told Rolando to stay out of the way, went upstairs, yelled "get the fuck out my house," and threw the people out.

There was no discussion [between DaSilva and the people in the apartment].

Joe DaSilva kicked them down the stairs. Survivors informed police that DaSilva said "get the fuck out" and kicked them in the back. They found Luis Encalada Bueno at 66 Town Hill Ave unable to speak and screaming in pain (picture of location where Luis Encalada Bueno was located (66 Town Hill Ave) displayed on the screen.
Picture of a duffle bag found at 58 Town Hill Ave belonging to L. E. is displayed on the screen. Prosecutor states that inside duffle bag were personal belongings of Luis Encalada Bueno, which included pictures of his children.

Luis Encalada Bueno last words were "DaSilva hit me"

Danbury PD went to DaSIlva's home and instead of telling the truth, DaSIlva told nothing but lies. He said he was not at 58 Town Hill Ave and hasn't been there in months.
"We know that this is not true."

Cause of death was determined to be a laceration of the liver due to blunt force trauma.

The defended plead guilty to the following charges:

  • Criminal negligent homicide, an action that results in the death of another person.


  • 2nd degree assault, which is defined as serious physical injury to another person.


Facts of the presentence investigation (PSI): DaSilva engaged in conduct...forcefully threw out people..."didn't care what happened to them."

Luis Encalada Bueno came here nine years ago for a better life. Under no circumstances did he have to leave like this (picture of Luis Encalada Bueno deceased covered body is shown).

This defendant has over 400 properties in Danbury and knows right from wrong. There is a right way to deal with people who are in your apartment illegally, DaSlva chose the wrong way.
Prosecutor calls for the max time in incarceration with community service for each year of probation, no future episodes of assault or harassment.

Defense attorney:
This is a tragic situation.

I want to paint a different situation. Not here to argue the case as my client took a plea to reduced charges. The people [thrown out at the Town Hill Ave apartment] had no business at the apartment. No right whatsoever to be there. They were squatters.

Squatters have been a problem for DaSilva for years.

Nice for the prosecution to pain that particular picture of Bueno and his friends drinking, eating and enjoying themselves but this is so far removed from the truth. They were drinking towards the point of oblivion, they were highly intoxicated, and they were passed out.

The defendant has the right to use reasonable force in this instance.  They were drinking, smoking, cooking, and using power in the building. They created a dangerous situation and if people were killed [due to a fire hazard] DaSilva could be here in court under different circumstances.

Joe DaSilva did many positive things for people in Danbury and each time he did this, he made a deposit into a humanity bank account. In terms of sentencing, he should be allowed to draw from that account.

Joe DaSilva tried to improve Danbury and he put money into revitalizing downtown Danbury. Everyone here has benefited from DaSIlva’s contributions to Danbury.

Friends and supporters of DaSilva:

Rich McKean:
I worked with Joe DaSilva for 10 years.
He [DaSilva} believes in people and has a big heart but not everyone knows it because he doesn’t get good press. He helped many businesses, helped tenants who would otherwise be rejected by other landlords. I never understood why he would rent to people who could not afford to pay…

Andrea Gartner, Exe. Director, City Center:
Five years as Exe. Director of City Center (2/2007).
DaSilva gave a great amount of funds to better the community. In 07, I asked DaSilva to allow City Center to use the Palace Theatre DaSilva did not charge City Center to use the building for First Night and that has not changed.
DaSilva was instrumental to the expansion of the Naugatuck Valley Community College.
As a member of the Main Street Revitalization Task Force, Gartner saw DaSilva attend the meetings first hand and was an active member of the committee.
Praised DaSilva for renovations made to the Palace Theatre. Praised DaSilva for working to get grants for the Palace Theatre.

Steve Greenburg: Chairman, Charles Ives Authority
Known Joe DaSilva for 17 years.

Worked with Joe DaSilva on a number of affordable housing issues in the city.

Joe is a very good son. Took care of his mother "like a good son should." That's the Joe DaSilva I would like you to take into consideration. Joe gives people a second chance...took care of people who would otherwise be out on the streets.

Carol Spiegel: Outreach Director, Palace Theatre
Joe DaSilva treats people with care and respect. Joe DaSilva, the richest man in Danbury, looks out for everybody. He's a nice fair man.

Gregory Klein: attorney with Alan Barry & Associates and representative for victim's family.
The victim has 11 children with 4 in school.

DaSilva stepped up and did the right thing in settlements with the families.

Message from the family: No one calling for sentencing or punishment but wants the court to be an independent for justice and want a sentencing without hometown favoritism. Family initially wanted trial moved from Danbury to a neutral location such as Bridgeport.

Victim family lives in a shack and children lost their father, a wife lost her husband...their perception of justice depends on what happens in this courtroom today.

Steve Oliver: Personal Attorney for DaSilva.
DaSilva was taught by his father "that there is no honest labor that is beneath you" and he lived by that motto.

As a landlord, DaSilva always used the eviction process as a last resort and always tried to work out situations with his tenants who were behind in their rent. He always took in people who had no place else to go.

DaSilva was a one man social agency in the 25 years he's been running his business.

We worked 14 hours straight for two days in working on a settlement with the victim's family.

Joe Dailva speaks
I regret my actions on that day. I'm very sorry for a life that was loss.

I always tried to do the right thing for the city of Danbury. I made mistakes...I am sorry.

Defense Attorney again asked for probation, citing DaSilva's contribution and generosity to the city of Danbury.

Prosecution states that there are two sides to DaSilva, the person described by his supporters and the person who's actions at Town Hill Ave in Nov, 09. There is a conflict with the defendant. On 11/06/09, DaSilva did not care about the state of the people in the apartment.

Judge calls a recess for five minutes.

[...]

Judge resumes sentencing:

I'm not from Danbury till six months ago. I'm a stranger to this incident.

Case must be judged on the merits.

I received many heartfelt letters from the community that described the many good deeds DaSilva didi in Danbury without seeking publicity.

"Aspects of your character are in direct conflict with the circumstances that brought you here today."

You were no threat to society...the court has no reason not to believe this. Joe DaSilva lost his temper and his temper won out. Instead of calling Danbury PD on the squatters, he threw them out. Having a BAC of .381, 4X the legal limit, would make the ability for one to go down stairs highly unlikely.

So many factors would tip to probation but the fact that a man being dead and DaSilva not being truthful to the police is a heavy counterweight. Nothing can change the fact that a person died due to his actions.

One person is a landlord, another person is an immigrant from a peasant village...no person is above or below the law...we are a nation of immigrants.

  • Count of 2nd degree assault serious physical injury (53a60a): 5 years, suspended after 18 months. 5 years probation.


  • Count of assault in the third degree (53a61): 6 months


  • Count of crim. neg. homicide (53a58): 1 year

5 years incarceration, suspended after 18 months. Five years probation.

DaSilva did not tell the truth to the police.

If no fatality, it would be a different case; if no intoxication, it would be a different case.


DaSilva placed into handcuffs.

Also order anger management as part of probation, 250 hours of community service.

Right to sentence review.

Stand adjourned


DaSilva escorted out of courtroom by marshals.

LIVE BLOG: DaSilva sentencing day

Wednesday, March 14, 2012
Time: 10:31 AM



Today at 2 PM, Danbury landlord Joe DaSilva is scheduled to be sentenced for negligent homicide and assault associated with the 2009 death of Luis Encalada, an Ecuadorian immigrant who was allegedly trespassing on DaSilva's property on Town Hill Ave.

During this afternoon's sentencing, DaSilva's attorney plans to argue for probation for his client while the prosecution will argue for incarceration relative to the maximum time allocated for the crimes (2 - 2/1/2 years).

I plan to LIVE BLOG the event as best I can as it happens at the courthouse (unfortunately, recorded devices are not allowed without prior permission so I'll have to rely on pen and paper and transcribe it online outside the courtroom.

I'll share my thoughts on the trial as a whole (as well as my hope for the Danbury community to remain calm IN THE EVENT DaDilva is awarded probation) after the sentencing is complete.




10:30 PM: Finished transcribing everything but I'm calling it a night. I'll post everything first thing in the morning when I had a chance to read everything again after a good night's sleep.

7:00 PM: Still in the process of transcribing all the notes from the sentencing. From what I read from the news reports on the News-Times and Danbury Patch, important elements of the hearing were not reported...you'll understand once you read my notes...

4:45 PM: Sorry for the live blog problems, service int he courthouse was somewhat spotty. I had a chance to conduct an audio interview the state prosecutor in the DaSilva case. Waited around the courthouse to get a word with DaSilva's defense attorney but he was in lockup with his client.

I took pages and pages of notes from inside the courtroom as several well-known members of the public spoke in support of DaSilva. Not to be outdone, an attorney representing the family members of the victim also spoke on their behalf. It will take a little while to transcribe everything...developing

4:45 PM: Sorry for the live￿￿￿￿￿ blog problems, service int he courthouse was somewhat spotty. I had a chance to conduct an audio interview the state prosecutor in the DaSilva case. Waited around the courthouse to get a word with DaSilva's defense attorney but he was in lockup with his client.

I took pages and pages of notes fr￿￿￿￿￿om inside the courtroom as several well-known members of the public spoke in support of DaSilva. Not to be outdone, an attorney representing the family members of the victim also spoke on their behalf. It will take a little while to transcribe everything.


3:45PM: Sentence to 5 yrs suspended after 18 months, 5 yrs probation, 250 hrs community service and anger management.

DaSilva placed into handcuffs and escorted out of courtroom while looking back at family.

More later.

3:25 PM: Here's a brief run down...

Prosecution asked for 7 yr suspended after 2 yrs. 5 yrs of probation w/50 hrs of community service for each yr of probation.

Defense asked for probation with members of the public speaking in support of DaSilva.

Judgement set for 3:30 PM




1:40 PM People spotted at the courthouse include Danbury's Mark Nolan and DaSilva defense attorney Eugene Riccio. No one is in the courtroom yet.

1:00 PM As I take off to Danbury Superior Court, here's a flashback video post on how the death of Luis Encalada was reported in Ecuador network television.

Originally posted on HatCityBLOG, Jan 30 2010.

ETV Telerama
ETV Telerama


Video courtesy of TV Telerama Online/Cuenca Al Dia : Nov 27 2009




The media reports of the victim in connection with the arrest of property owner Joe DaSilva Jr. stretch beyond the borders of this country.

The tragic death of Ecuadorean Luis Encalada Bueno received a deal of media attention in his homeland back in November of last year. The video on top of this post is from a report by TV Telerama Online/Cuenca Al Dia which was published on Nov 2009 (non-translated). For those who only speak English, the images alone tell the story.

Also, with the assistance of the Tribuna, the News-Times did a write-up which includes a translated article from El Tiempo, a newspaper in Ecuador.
The Ecuadorean man who died in November after an apparent beating on Town Hill Avenue in Danbury left behind a wife and nine children in his home country.

Luis Encalada Bueno, 42, was buried by his family Nov. 29 in his native town of Zhidmad, Ecuador, 23 days after his death in Danbury.

[...]

Encalada's family said he immigrated to the United States seven years ago, seeking to earn an income that would help improve living conditions for his family, which includes eight children 18 or younger, two of them special needs youths.

Encalada lived in Connecticut for the full seven years and worked in construction. In the last few weeks of his life, he reportedly found himself unemployed and without money.

"He told us he was looking for work, that the things were not good over there, and that his intention was to stay for another three years and to return home," explained his wife, Hortensia.

"He came home dead," she said.

I encourage you to read the entire piece over at the News-Times website.

This is a developing story...




RELATED POST:

El TIEMPO (original Ecuadorian article which was later translated by the Tribuna for the News-Times): Migrante muerto a golpes será enterrado en Zhidmad


10:00 AM: For those who don't know the details of the case, here's a post I at the start of the trial regarding DaSilva's police warrant. Since DaSilva plead guilty, the details in the warrant are not in dispute.

Originally posted on HatCityBLOG, 02.16.10

Today, the Danbury Superior Court unsealed Joe DaSilva's arrest warrant affidavit and it document gives new details regarding the events leading up to the death of Luis Encalada Bueno, which includes what seems to be an attempted cover-up by an employee of DaSilva.

According to court documents, Danbury PD interviewed several people who were with Encalada hours before the incident.

Here's a summary of what witness number one (CW-1) stated to police (portions of statement redacted):
"On November 5 2009, I met some friends who asked me to go drink with than at an apartment on Town Hill Ave…I stayed overnight with some of the guys. At some point Friday morning (November 6), XXXX had to be taken to the hospital because he drank too much. After he was taken away, some of the guys left and as I woke up, I saw a guy known to be DaSilva grabbing my friend (CW-2) by the neck and shirt yelling stuff in English. I do not understand lot of English but I understood DaSilvsa was saying "Get the fuck out of here!" […] I got out of the apartment before CW-2 was thrown by DaSilva; I was starting to go down the stairs when DaSilva was still yelling and he kicked me in the back, making me slip downtime stairs. […] He yelled something like "If I see you again I'll kill you!" […] CW-2 and I wan towards the courthouse and Walgreens on Main Street, and CW-2 said something to me about Luis still being in the apartment and we should check on him. […] As we were walking towards the apartment, we saw Luis lying on the ground near a dumpster.

In the testimony, witness one stated that he seen DaSilva before because his office building is next to the witness' place of employment
I know DaSilva from where I work. I worked at XXXX for about 3 years and DaSilva owns the building I work in and also has an office near there. I have seen DaSilva come into XXXXX and have seen him around a number of times,

The arrest warrant also states that witness one pointed out DaSilva in a police photograph lineup.

Witness two (CW-2) also gaves his account of what happened to the police. Here's a summary of the statement.
On Friday November 6th, I was with my friends on Town Hill Ave. […] Sometime in the morning, I saw this guy DaSilva come to the apartment. There was also a second guy but I don't know him. DaSilva owns the house and we were not supposed to be in there. Luis was lying on the couch when DaSilva came in, he (DaSilva) was very angry, he was yelling get the fuck out of here, this is private property, he grabbed me and tried to throw me down the stairs, he hit me in the back and as I was falling I was able to grab the rail and stop myself from falling down the stairs. I think he did the same thing to CW-1 who has behind me. […]When CW-1 and I left, Luis Encalada was still in the apartment sleeping on the couch, I did see DaSilva of back into the apartment that Luis was in as I was leaving. CW-1 and I walked around to Main St., by the Walgreens and the old court building. I then received a call on my cell phone from CW-3. CW-3 told me that he/she found Luis Encalada on the ground outside Town Hill Ave.

CW-2 also stated this to the police:
I was with Luis the night before this and most of that morning, I did not see him fall or fight anyone. He did not complain about his stomach or any other illness. In fact, he was even dancing the night before all of this.

CW-2 also pointed out DaSilva in a police photograph line-up.

After verifying that 58 Town Hill Ave is owned by DaSilva, On Nov 6th, detectives for the DPD interview the owner of the Palace Theatre at his home in New Milford CT.

According to court records, here's a summary of what transpired (portions in BOLD were done by yours truly for emphasis).
It was explained to DaSilva that detectives were investigating a complaint by two (2) men that he assaulted when while making them leave his property at 58 Town Hill Ave. DaSilva just smiled and shrugged and said, "What do you want me to say?" He was then asked if it was possible that these men got rough with him and maybe he was defending himself. DaSilva stated "No, I wasn't there at all." DaSilva stated that about a month prior he had forced several Hispanic males from the second floor apartment, but that was the last time he was there at 58 Town Hill Ave. DaSilva stated one or two of his employees may have been at 58 Town Hill Ave. today around lunch time. DaSilva stated that Rolando DaSilva (no relation) was there to turn on the boiler and that maybe Joe Rodrigues was there also, but he was not sure about the Rodrigues. Joseph DaSilva provided his cellular phone number as (XXX)XXX-XXXX, and stated he is the only person to use this phone.DaSilva was asked if he was made aware that there were persons illegally in the second floor apartment, he stated no he had not. DaSilva was asked if he was in phone contact with Rolando DaSilva at all around the time Rolando DaSilva was to be working at 58 Town Hill Ave. He stated "No".


After interviewing DaSilva, on Nov 6th, Danbury detectives interviewed Rolando DaSilva. Here's a summary of what transpired:
Rolando SaSilva was asked if he was at 58 Town Hill Ave., earlier in the day. Rolando DaSilva stated that he was, sometime around lunch time. Rolando DaSilva stated he was only there about 5 minutes and did not see anyone. He stated he parked his white company van out front, entered the building, went to the basement, turned the heating system on, and left. Roland DaSilva stated he did not go to tthe second floor and did not see any Hispanic males. Rolando DaSilva provided his cellular phone number as (XXX)-XXX-XXXX, and stated he alone uses this phone. Rolando DaSilva was asked if he saw Joseph DaSilva at 58 Town Hill Ave., he stated no. When asked if he spoke to him via cell phone just prior to being at 58 Town Hill Ave., while there, or just leaving, Rolando states no.

Detectives then interview Brian Ferguson, the only legal tenant at 58 Town Hill Ave. Here's a summary of what was reported in the warrant:
Ferguson stated that he had called DaSilva's office from his cell phone in the morning to report running water in the basement.

Also on Nov 6th, Danbury PD obtained a search and seizure warrant to conduct the crime scene at 58 Town Hill Ave.
Items were located and collected. These items include what appeared to be a blood stain on the wall of the hallway outside the second floor apartment, what appeared to be blood droplet on the stairs leading from the second floor apartment to the front entrance of 58 Town Hill Ave. Also located and photographed were several blood like stains on the ground outside 58 Town HIll Ave., that appear to on the path Encalada would have traveled from 58 Town Hill Ave., to where he was found 2 driveways away.

As the arrest warrant further states, that on Nov 9th, detectives interviewed Jose Rodrigues.
Rodrigues stated that he was not at 58 Town Hill Ave., at all on 06 November, but he was there earlier that today along with John Doyle and Fausto Costa to empty and clean out the second floor apartment. Rodrigues stated they were sent there by Joseph DaSilva. Rodrigues provided his cellular phone number as (XXX) XXX-XXXX, and stated he is the only one to use his phone.

Upon further investigation, Danbury PD conducted a voluntary second interview with Rolando DaSilva in which they pressed him on his previous statement:
It was explained to DaSilva that information he had told both detectives on 06 November 2009 was found not to be true, on that date DaSilva stated that he had been at 58 Town Hill Ave., around lunch time, that he was there only a short period of time, that he was alone and his boss Joe DaSilva was not present. Rolando DaSilva also stated that he had not seen any men in the second floor apartment and had not communicated by phone with Joe DaSilva around that time. Some evidence to show these facts not to be true was shown to Rolando DaSilva. He was then told that he could possibly face criminal charges if he continued to lie about this information.

[…]

Rolando DaSilva stated that he was afraid and also felt badly about what had happened. Rolando DaSilva then provided the following statement: On Friday Nov. 6, 2009 I went to work at about 7 AM. I work for Joe DaSilva at DaSilva Realty, 288 Main St., Danbury. I do the plumbing and heating for Joe's properties. Sometime before lunch I got a call on my cell phone from Denise Archiere, who is the office manager. She told me that there was water running in the basement of 58 Town Hill Ave. I knew that I also had to turn the heat on. I told Denise that if there was water running in the basement, there had to be someone on the second floor. I drove right over to 58 Town Hill. When I got to 58 Town Hill, Joe DaSilva had just gotten there. Joe said to me, "Do what you gotta do." Joe seemed pissed off. I know that he was pissed off about the guys upstairs. There have been drunk, wasted Mexicans illegally squatting in the 2nd floor apt. I assumed that Joe was going upstairs and I planned on staying in the basement. I didn't want any part of whatever was going to take place.

I went down into the basement to take care of the water and heat. While I was in the basement I heard a commotion on the stairs. I heard footsteps, loud voices, yelling. The footsteps were loud but not fast. I recognized the voice that was yelling. The only person I heard was Joe. He was yelling, "Get the fuck out of my house," and things like that. It sounded to me that Joe was throwing the guys out of the apt. I had the impression that Joe didn't even want me there, so I just stayed in the basement. I came out of the basement after it got quiet. This all took about 10 minutes. When I got outside, Joe was already gone. This statement was read by Rolando DaSilva and his wife Susan. Rolando DaSilva then swore to this statement and signed it as Susan DaSilva also signed this document as a witness. During this interview, Rolando DaSilva stated that Joe DaSilva's white Ford pick up truck was parked in front of his (Rolando's) van on Town Hill Ave.

Shortly after leaving Rolando DaSilva's residence, detectives were contacted via cell phone by Rolando DaSilva, who asked both detectives to return to his home as he had more information to provide.

That upon return to Rolando DaSilva's home, DaSilva stated that he had not been completely honest during the prior statement. DaSilva stated that he is in fear of being fired by Joe DaSilva for cooperating with the investigation. Rolando provided the following in a second statement:

After the detectives left my house, I felt bad because I had not been completely honest. I talked to my wife and told her about the things I hadn't told the police. I then called Det. Trompetta and asked him to come back to my house. Have felt bad about this whole incident and want to get it off my chest. Everything was correct in my first statement up to the point that I got to 58 Town Hill. Joe did get there right before me. He said to me, "Stay out of my way," and went upstairs. I didn't go to the basement. I followed Joe upstairs and I stayed in the hallway outside of the 2nd floor apt. I saw Joe go into the apt., and start throwing people out. Joe was yelling, "Get the fuck out, get out of my house." There were 3 guys in the apt., maybe 4. Joe was grabbing them and pushing them down the stairs. I didn't see him punch or hit anybody, just push them out and try to kick them down the stairs. The first or 2nd guy in the bunch was holding onto the railings and holding everyone up. Joe was trying to get them out of the apt. I just stayed out of the way. Once everyone was out of the apt., I went to the basement. When I came out I saw two guys walking south on Town Hill by # 54. I think they were 2 of the guys that were in the apt. I didn't see anybody lying on the ground out front. Joe had already left. I don't know where the 3rd guy was. This statement was also read by Rolando DaSilva and his wife Susan. DaSilva swore to the truth and then sign the statement, which was witnessed by his wife. Rolando DaSilva was asked about the portion of his statement where he stated he did not see Joe DaSilva punch or hit anyone while in the hallway, he was also asked if he had entered the apartment with Joe. He stated he had not and does not know what happened in the apartment.

After obtaining the revised statement from DaSilva, the Danbury PD obtained a court order instructing various cell phone companies to provide details records for several cell phone numbers provided by DaSilva and other individuals who were interviewed.

Here's a summary of their findings:
That a review of Ferguson's cellular phone (his only phone) records show that on 06 November 2009, Brian Ferguson called (XXX) XXX-XXXX, the office of DaSilva Realty. This was a 27 second call.

[…]

That a review of the cellular phone records for the phones of Rolando DaSilva and Joseph DaSilva show that on 06 November 2009, at approximately 11 :55:41 AM, Rolando DaSilva's. phone received an inbound call from DaSilva Realty, this call lasted 47 seconds. Also the records show that at approximately 11 :58:25 AM Rolando DaSilva's phone received an inbound "direct connect" call from Joseph DaSilva's cellular phone. This call lasted 72.2 seconds.

That a review of Rolando DaSilva's records for 07 November 2009 show an outbound call to the cellular phone of Joseph DaSilva's cellular phone at approximately 8:56:39 AM This call lasted 238 seconds. At approximately 9:14:37 AM Joseph DaSilva places an outbound call to (XXX) XXX-XXXX, the home phone of Attorney Joseph DaSilva. This call lasted 38 seconds. A second call lasting 50 seconds was placed to Attorney DaSilva at 10:41: 12 AM.

After obtaining this information, Danbury PD requested another interview with DaSilva in which he declined.

The warrant concluded with the following:
That the affiant believes based on the sworn statements of cooperating witness # 1, cooperating witness # 2, cooperating witness # 4, Rolando DaSilva as well as the cellular telephone records of Joseph DaSilva, Brian Ferguson and Rolando DaSilva that; during the late morning of 06 November 2009, Luis Encalada was in the second floor apartment of 58 Town Hill Ave., Danbury, Connecticut with CW-1 and CW-2, That Luis Encalada was sleeping on a couch. That at approximately 11: 25 AM, on 06 November 2009, Brian Ferguson, the resident of the first floor of 58 Town Hill Ave., called the office of Joseph DaSilva to report "running water" in the basement of 58 Town Hill Ave.

That at approximately 11 :25 AM on 06 November 2006, Denise Archieri, the office manager of Joseph DaSilva Realty, called Rolando DaSilva, the companies plumber, on his cellular phone dispatching him to 58 Town Hill Ave., to address the" running water" problem. That at approximately 11 :58 AM, Rolando DaSilva was contacted by Joseph DaSilva using the "direct connect" option of his cellular phone. That shortly after 12:00 PM, Rolando DaSilva arrived at 58 Town Hill Ave., observing that Joseph DaSilva had arrived at that location moments prior. That Joseph DaSilva being aware that persons were illegally in the second floor apartment went upstairs to the second floor of 58 Town Hill Ave., entered the apartment, and confronted CW-1 and CW-2. That Joseph DaSilva physically pulled CW-2 from the apartment into the hallway, then struck CW-2 in the back, causing CW-2 to fall down the stairs. CW-2 was able to grab the rail while falling to stop from falling to the bottom of the stairs. CW-1 ran from the apartment and was kicked in the back by Joseph DaSilva at the top of the stairs causing CW-1 to also fall into the stairwell. Joseph DaSilva was then observed by CW-2 to re enter the second floor apartment where Luis Encalada was sleeping. Joseph DaSilva was alone with Encalada for a short period of time',· then observed by Rolando DaSilva pulling a third male (Encalada) from the apartment and push him down the stairwell. That according to Danbury Hospital records Luis Encalada was extremely intoxicated. Encalada was most likely unable to stand, balance or defend himself, tumbled down the stairs. That CW-3, CW-4 along with Angel, while walking on Town Hill Ave.,towards number 58, observed Luis Encalada on the ground in the driveway of 66 Town Hill Ave. apparently injured. That CW-3 separated from CW-4 and Angel to find help. That at 12: 30 PM Angel, using Lu'is Encalada's cellular phone called CW-2 and informed CW-2 of how they found Encalada. That CW-4 asked Encalada what had happened to him and was told by Encalada "Silva hit me." That at 12:54 PM,· CW-1 and CW-2 arrived at 66 Town Hill Ave., and, using Encalada's cellular phone, called 911 for help.

That the affiant believes that on 06 November 2009 at 58 Town Hill Ave., Joseph DaSilva struck CW-1 in the back, pushed CW-1 down a flight of stairs, in violation of Connecticut General Statutes. That on 06 November 2009 Joseph DaSilva struck CW-2 in the back, pushed CW-2 down a flight of stairs in violation of Connecticut General Statutes. That on 06 November 2009 Joseph DaSilva pulled the extremely intoxicated Luis Encalada from a second floor apartment at 58 Town Hill Ave., Danbury and pushed him down a flight of stairs. That the reckless actions of Joseph DaSilva Jr., on 06 November 2009 at 58 Town Hill Ave., Danbury, Connecticut caused blunt force injury to the abdomen of Luis Encalada resulting in the death of Luis Encalada. And that these action are in violation of the Connecticut General Statutes.

Although one is presumed innocent until proven guilty, it will be interesting to hear DaSilva's defense for the alleged inaccuracies in his statement to the police.




UPDATE: John Pirro was able to obtain some comments from some of the parties involved in the case.
DaSilva's attorney, Eugene Riccio, said the documents tell only one side of the story.

"Information in arrest warrants is, by definition, accusatory," he said. "It usually does not include the entire circumstances of the incident."

Riccio declined to comment on why, according to the affadavit, his client apparently lied to police about being at the apartment.

[...]

Contacted by The News-Times on Tuesday, Rolando DaSilva declined comment "on the advice of my attorney," but said he is still employed by Joseph DaSilva.


DaSILVA ARREST WARRANT AFFIDAVIT (pdf):


This week in Danbury downtown development history: "Do you remember this project?"

Tuesday, March 13, 2012
Time: 5:40 PM



In advance of my focus on downtown development in Danbury, here's a blast from the past.

Can you know the name of the project in the above image (or the adopted nickname of the project)? I'll explain the importance of this image and the effect the project had on the revitalization of the downtown area later.

DaSilva back as Democratic Town Committee chairman


Time: 4:29 PM


Danbury Democratic Town Committee meeting, 03.12.12. Photo by ctblogger


It's almost like the Danbury Democrats are playing a game of political musical chairs…

Last night, the Danbury Democratic Town Committee elected to Joe DaSilva as their chairman for the next two years as Lynn Taborsak decided not to seek a new term as party chair.

Over the last couple of weeks, it was speculated that second ward member Susan Ward and City Council Minority Leader would throw her hats into race for chairman and vice chairman, but in the end the assumed challenge for control of the town committee never materialize.

DaSilva has some experience with the position of chairman being that he held the position from 2006-2010 in which his leadership received mixed reviews among local politicos…hopefully for the good of the party as a whole, the committee can learn from their past and move forward in a positive direction.

From last night's DTC meeting, here's how it all went down…


A "Letter to the Editor" that you won't see in the Newstimes

Monday, March 12, 2012
Time: 6:15 PM

Today, former 2nd ward Democratic candidate Ken Gucker reached out to me and asked if I would publish a letter to the editor that he submitted to the Newstimes on Feb 24th. Although the write-up fulfilled the letter to the editor requirements, the Newstimes did not publish the piece nor do they give contact Gucker explaining why the item was not published.

People over Politics?

As I walked door to door last fall, the overwhelming feeling in the 2nd ward was, oh great, another politician, or why bother voting, city hall does not care. Or lastly, politicians are out for themselves and we the voters have no voice, I am staying home! Well as someone who does care about local issues and hoped to better our community, I tried to stay positive and tell voters that they do have a voice and everyone counts. I guess I was wrong and the people were right. The politicians are out for themselves and the last election proved it. I speak of Mr. Trompetta and his run in the 2nd ward. Knowing he was moving and for the sake of his party, he stayed in the city council race to keep a seat for the Mayor. Once the race was over, he would let the mayor pick someone to replace him, say a “Horace Miller” type. Some in his party tell a different story but the facts are the facts. His house was off listing in October, he signed over the warrantee deed election day and after being sworn in, he resigned. Some in city hall do not see the problem and many just choose to look the other way. Say what you will, but Mr. Trompetta had to know he would not be able to serve long before the end of the election. The bigger issue is that the people were deceived and to this day do not know who will be representing them. In the end their vote did not matter but moreover is it too much to ask for a little honesty and transparency?

Kenneth Gucker
Danbury CT

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On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.

The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.

Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.

Plaintiffs request declaratory relief, damages and attorneys fees.

CLICK HERE TO READ/DOWNLOAD MAYOR BOUGHTON'S DEPOSITION

CLICK HERE TO READ/DOWNLOAD MIKE McLACHLAN (then MAYOR CHIEF OF STAFF) DEPOSITION

Danbury Area Coalition for the Rights of Immigrants v.
U.S. Dept. of Homeland Security
3:06-cv-01992-RNC ( D. Conn. )

(02.25.08) Court docket

(10.24.07) Memorandum in Opposition to Defendant's Emergency Motion for Protective Order

(09.26.07) Press Release

(12.14.06) Complaint


Barrera v. Boughton, No. 07-01436
(D. Conn. filed Sept. 26, 2007)

(02.25.08) Court Docket

Amended complaint

Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction

Defendants' Motion to Dismiss State Law Claims

Plaintiffs' Opposition to Motion to Dismiss

Order on Motion to Dismiss

Defendants' Answer to Amended Complaint

NEW HAVEN REGISTER: Immigrant's 2006 arrest was flawed Danbury mayor testifies

(10.05.07 (VIDEO) Boughton mislead the public about Danbury's involvement in raid

(09.18.07) Yale Law Students expose Danbury involvement in raid

(12.14.06) VIDEO: Interview with Yale Law Students at FOI presser

(12.14.06) VIDEO: Danbury 11 FOI complaint media roundup

City Clerk Jean Natale standing next to skinhead sparks outrage

(10.03.06) VIDEO: Danbury 11 rally

(09.29.06) VIDEO: Danbury 11 case deepens

Word of raid spread across the country

(09/29/06) VIDEO: Danbury 11 protest news conference

(09/29/06) Immigrant newspaper "El Canillita" gives best account of ICE day labor raid at Kennedy Park


Politics_Over_People
View Boughton's campaign finance statements from 2001-present (COMING SOON)

When questioned, Boughton fails to address the issue of anti-immigrant racism in Danbury

City admits mistakes in firefighter lawsuit, taxpayers forced to pay 450K settlement, and Boughton offers no comment, no details of accountability

READ allegations of wrongdoing by Boughton filed by the plaintiffs

Boughton misleads public about World Cup games "spontaneous" celebrations for FOUR years

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MARK BOUGHTON'S TICKING TIME BOMB

DOWNLOAD AND ANALYZE MARK BOUGHTON'S ELECTION AND PAC FINANCE REPORTS

Why won't Boughton give back Galante money?

Boughton contributor goes to jail

Fairfield Weekly questions Boughton's honesty

Hatrford Courant's Stan Smith not believing Boughton

Connecting the dots

Boughton-Galante connection established


APPEAL HEARING: 10/21/14 @ 09:30 AM

Directions to Litchfield Court House

Decision Day: GUILTY!

Day Ten: Moving forward

Day Nine: DNA

Day Eight: The seven trillion dollar man

Day Seven: Jury Trial

Day Six: Motions denied

Day Five: Endless subpoenas and bizarre motions to dismiss

Day Three/Four: He's competent!

Day Two: Excuses, excuses

Day One: Strange behavior, disturbing arrest warrant affidavit

McGowan arrested, charged with first-degree sexual assault


Read the full report on
the gross incompetence of
City Clerk Jean Natale

Watch Jean Natale's misleading, questionable, and outrageous testimony in front of the charter revision commission

Natale moonlighting during City Hall business hours

Republcian Common Council member claim City Clerk of being "racially motivated" in the Hispanic Center ad-hoc committee case

Danbury News-Times editorial criticizes City Clerk "racially motivated" involvement in Hispanic Center ad-hoc committee case

Photo of City Clerk standing next to skinhead holding anti-immigrant death threat sign

Public complains that the City Clerk is never available in her office / spends most of her time in the Registrar of Voters office

City Clerk confronts and yells at her critics at City Hall

Transcript of Minority Leader Tom Saadi criticizing Jean Natale's performance.

Freedom of Informaiton ruling on a complaint filed against Jean Natale.


Elise_Deer Highlighting the disturbing mind of a hate group leader and her xenophobic followers...

Exposing lies from Marciano regarding death threat made against yours truly

VIDEO: Marcaino shows her anti-Muslim side

I'm an AMERICAN!!!!!

MORE TO COME!!!

TOM "Big(o)T BENNETT HAS ONLY HIMSELF
TO BLAME



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Screen shot 2009-11-30 at 5.12.04 PM 2010 CTTF: Common Council debate

2010 CTFF: Funding ad hoc committee #2

2010 CTFF: Funding ad hoc committee meeting #1

2009 CTFF: Common Council funding debate

2009 CTFF: Funding ad hoc committee meeting

OPENING NIGHT 2008

LOCAL ACCESS: Roundtable discussion on '08 CTFF