Sentencing delayed for Olympic Discovery Trail attacker
Peninsula Daily News
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Silva, 23, sat quietly as Clallam County Superior Court Judge S. Brooke Taylor discussed the merger of his charges with defense attorney John Hayden and Clallam County Deputy Prosecuting Attorney Ann Lundwall.
“We’ve got some complicated issues here that could potentially have a dramatic impact on your sentencing range,” Taylor told Silva.
“I’ll volunteer you’d like to be on your way. You are getting credit for time served, and you’re going to have to sit here a little while longer until we get this sorted out.”
A hearing on the merger of charges was set for April 3.
Silva, who remained in the Clallam County jail Wednesday, was found guilty in January of second-degree assault with a deadly weapon, first-degree attempted robbery and unlawful imprisonment for attacking a 22-year-old woman on the trail last July.
He also was found guilty of residential burglary for opening a teenager’s bedroom as she slept in August 2011.
Taylor found Silva not guilty of voyeurism for the 2011 incident and dismissed the sexual-motivation enhancements to the other charges Lundwall had sought.
Clallam County sheriff’s investigators said Silva was wearing a Halloween clown mask when he knocked a woman off her bicycle on the multipurpose trail west of Railroad Bridge Park.
A 7½-inch knife was found at the scene.
The woman fought off her attacker by kicking and screaming until neighbors came to her aid. A video-surveillance recording led to Silva’s arrest.
The early morning incident at a Carlsborg residence in 2011, in which Silva allegedly peered into a 17-year-old girl’s bedroom, was charged as part of the same case.
Hayden argued that Silva simply tried to mug the woman on the bicycle and that he wanted to steal a laptop computer when the teenager woke up and made eye contact with Silva.
Last modified: March 13. 2013 5:52PM