LIHUE — A 35-year-old Lihue man who has spent 15 years behind bars was sent back to prison for another five years Wednesday for punching his brother in the face while the younger sibling slept. Ezra John Silva was convicted
LIHUE — A 35-year-old Lihue man who has spent 15 years behind bars was sent back to prison for another five years Wednesday for punching his brother in the face while the younger sibling slept.
Ezra John Silva was convicted of second-degree assault for causing substantial bodily injury to his younger brother on July 16, 2013.
After an apology to the 5th Circuit Court during the sentencing, Silva said the injury was an accident and the result of tripping.
Judge Kathleen Watanabe said she didn’t buy the fall story.
The victim suffered a concussion, broken nose and a neck injury. She said Silva’s prior criminal history and his own statements made the five-year prison term “fair and rationale.”
“I don’t know what is more unbelievable, you’re saying that you have remorse, or your version of what happened,” Watanabe said.
County Deputy Prosecuting Attorney Shauna Lee Cahill said the incident reportedly started after Silva become upset that a girlfriend was informed about Silva coming home. He learned or suspected that his brother had told the woman, and punched his sibling in the head as he slept on a couch.
Silva, who changed his plea to no contest to second-degree assault on Nov. 14, 2013, maintained in court that he was approaching his brother and slipped, and that his hand landed on the victim’s head, Cahill added.
“It is clear from both the victim’s statement and the father’s statement, who witnessed the incident, that this was an intentional act motivated by the defendant’s anger and rage,” Cahill said.
The state objected to probation and recommended the full prison term.
State Deputy Public Defender John Calma said Silva showed remorse. He said mandatory sentencing and other circumstances meant Silva never had the benefit of probation in his past sentencings.
Several members of Silva’s family were in court and an emotional Silva had difficulty answering the judge’s questions.
Cahill said this is Silva’s fourth felony conviction.
Silva was sentenced to 10 years in prison for two counts of second-degree sexual assault in May 2003. He was released from prison in January 2013 and then committed the assault within six months.
Silva’s other prior convictions include a five-year prison sentence for felony second-degree forgery, along with a concurrent one-year sentence for third-degree theft in 1998. He spent six months in jail for misdemeanor abuse of family or household member charge in 2003.
“This individual has demonstrated repeatedly that the only time the community is safe from him is when he is incarcerated,” said County Prosecuting Attorney Justin Kollar. “We are hopeful that his family can move forward and find healing over time.”
