Gerard Silva faces up to a combined 45 years in jail when he is sentenced May 30 for alleged armed invasion of Kauai Police Department headquarters in Lihu’e in March 2001. Judge Clifford Nakea and county prosecutors yesterday agreed to
Gerard Silva faces up to a combined 45 years in jail when he is sentenced May 30 for alleged armed invasion of Kauai Police Department headquarters in Lihu’e in March 2001.
Judge Clifford Nakea and county prosecutors yesterday agreed to accept Silva’s no-contest pleas to revised charges of attempted manslaughter and weapons violations on what was supposed to be day-one of Silva’s trial in Fifth Circuit Court.
He was originally charged with attempted murder in the first degree, felony terroristic threatening, and firearms violations.
The no-contest plea entered yesterday means Silva isn’t contesting the charges against him, but is not admitting his guilt, either, explained Craig DeCosta, county first deputy prosecuting attorney.
The maximum sentence for the felony attempted manslaughter charge is 20 years, with Silva and attorney James Itamura, public defender, maintaining Silva was under extreme mental or emotional distress at the time of the incident.
The first weapons charge, being in the wrong place in possession of a loaded firearm, carries a maximum sentence of 10 years. The switchblade charge carries a maximum term of five years.
Silva, of Kalaheo, has been incarcerated at correctional centers on Kaua’i and O’ahu since the incident.
Said to be depressed, Silva allegedly entered KPD headquarters on ‘Umi Street in March of last year, loaded rifle in hand, and threatened to kill police officers in what had been described as a possible suicide-by-provocation attempt.
He was wrestled to the ground by two on-duty police officers, and during the scuffle his rifle discharged once. No one was injured.
The no-contest plea means Silva is not admitting he went to KPD headquarters to either kill police officers or provoke officers to kill him, even though that’s what he told police after his arrest, DeCosta said.
Nakea at the end of May will impose maximum sentences for each charge, and in Hawai’i normally the parole board sets minimum sentences before Silva will be eligible for parole.
There were several delays before yesterday’s scheduled trial, including one caused by repeated status hearings concerning Silva’s mental fitness to proceed.
A three-doctor panel appointed by the court declared Silva mentally competent to stand trial last summer.
Itamura said earlier Silva was taking various prescription drugs for chronic pain at the time of his offense, and was also under treatment for depression.
Before the incident, Silva told people he was terminally ill. Family members later said he was not dying.
