Alfonso Robinson

Political activist, online journalist

Archive for March, 2012

Response to DaSilva sentencing proves that anti-immigrant racism is still alive in well in Danbury

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Cross post from HatCityBLOG


Glad to see that Tom Big(o)T Bennett and his ilk haven’t missed a beat…

The above moronic comment from Danbury’s finest is just a sample of the over-the-top racist comments that’s spreading like wildfire throughout the city in response to the sentencing of Danbury landlord Joe DaSilva for causing the death of Ecuadorian immigrant Luis Encalada Bueno.

Since word of DaSilva’s sentencing, the News-Times has been in overdrive scrubbing the vitriol from the xenophobes from their comments section

Lets just say thank goodness the paper severed ties with the Topix comment system

In response to the outlandish display of hate, the News-Times had this to say…

THUMBS DOWN to the insensitive and downright racist comments made in various forums — most notably in online comments — in response to the sentencing Wednesday of Danbury landlord Joseph DaSilva Jr., who has been sentenced to serve 18 months in prison for his role in the death of Ecuadorean immigrant Luis Encalada in November 2009. Encalada was found squatting on property owned by DaSilva, who physically threw the man down the stairs and inflicted fatal internal injuries. Justice is depicted as blindfolded, the judge told the courtroom at the sentencing, so that it is not swayed by wealth or standing — or lack of either.

I couldn’t agree more…


RELATED POSTS:

Elise Marciano’s local anti-immigrant group members applaud while speaker advocates placing immigrants in WW-II style concentration camps.

City Clerk Jean Natale stands next to skinhead who displays a highly offensive anti-immigrant sign

Racist local access personalities Tom “Big T” Bennett and John McGowan incite people to harm members of the immigrant community.

Hate-group co-founder desecrates Mexican flag a immigration rally

AUDIO EXCLUSIVE: Prosecutor speaks out on DaSilva case

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Cross post from HatCityBLOG

After Danbury landlord Joe DaSilva was sentenced to 18 months incarceration for causing the death of Ecuadorian immigrant Luis Encalada Bueno, I had a chance to speak to the prosecutor in the case, Assistant State’s Attorney Sharmese Hodge, to get her take on the judge’s decision.

For those who don’t know, Hodge, a Western Connecticut State University alum who studied law at George Washington University has made quite a name for herself as a successful prosecutor in Greater Danubury. Hodge she was successful in several high profile cases in the area including the murder trial of business owner Zef Vulevic by Marash Gojcaj, and the child sex abuse trail against youth minister Troy Grant.

During the brief interview, Hodge responded to one of the concerns many people in the immigrant community had regarding the case, the reduction of charges against DaSilva as well as the judge’s emphasis of DaSilva’s lack of truthfulness to the police in the matter and how that impacted his case. At first, I planned to do a write-up on Hodge’s remarks but decided later decided to just to post the audio from the interview so you can hear Hodge in her own words…

JOE DASILVA CASE: Sentencing day rough transcript

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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

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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.

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):

             

DaSilva back as Democratic Town Committee chairman

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Cross post from HatCityBLOG

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 the local party leader.

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 the whole election went down…

Gov. Malloy’s education town hall tour comes to Bethel

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Cross post from HatCityBLOG

Via Gov. Malloy’s office:

(HARTFORD, CT) – Governor Dannel P. Malloy and Lt. Governor Nancy Wyman today announced that they will hold two education town hall meetings in Windham on Wednesday, March 14 and in Bethel on Thursday, March 15.

The Windham event will be held at Windham High School (355 High Street), and the Bethel event will be held at Bethel High School (300 Whittlesey Drive). Both town hall meetings will run from 7:00-8:00 p.m., and doors will open at 6:15.

The events will be the fifth and sixth stops on the Governor’s Education Reform Tour. These town hall-style meetings are focused on the topic of education reform and give Governor Malloy and Lt. Governor Wyman an opportunity to meet with all members of the public, including parents, students, teachers, and other concerned residents, for a conversation on proposed reforms to improve the state’s public school system. In February, Governor Malloy announced a comprehensive proposal aimed at improving the state’s achievement gap, which is the worst in the nation.

Additional locations and dates on the Governor’s tour will continue to be added across the state until the legislature approves a bill addressing each of the six principles the Governor outlined in a letter to them in December.

To check the most up-to-date list of dates and locations on Governor Malloy’s Education Reform Tour, visit http://governor.ct.gov/educationtour.

“What happened to the Blue Chip Restaurant?”

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Cross post from HatCityBLOG

Several readers reached out to yours truly wanting to know if I knew what happened to the Blue Chip Restaurant on Eagle Road. For those who don’t know, recently the eatery unexpectedly closed it’s doors, which marked the second business that went bust at that location in at least the last two years (the building formerly housed Houlihan’s).

After doing some research, that ultimately led me to Danbury Superior Court, I can report on what possibly led to the demise of Blue Chip, and it appears to have something to do with someone allegedly not paying their rent and other charges.

Here’s a copy of the complaint filed at Danbury Superior Court (Docket number DBD-CV11-6008107-S):

Just as quickly as the owners of Blue chip were shown the door, a new restaurant is scheduled to open it’s doors soon…

Democrats appoint Walkovich and Riefberg to Reappointment Advisory Commission

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Cross post from HatCityBLOG

For those who don’t know, this year the city is required to implement the redistricting of the Council wards.

To start the process, the minority and majority leaders of the council are required to appoint two persons to the redistricting commission (named Reapportionment Advisory Commission). After the leaders make their appointments, the members of the commission will pick a fifth person and start the redistricting process.

Today, Minority Leader Tom Saadi announced the appointment of long-time Democrats Attorney Larry Riefberg and Mr. Joe Walkovich to the Commission.

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