Chain | Cohn | Clark responds to Kern County District Attorney decision on Silva case

Chain | Cohn | Clark on Friday released the following news release after Kern County District Attorney Lisa Green announced that her office would not be seeking criminal charges against the law enforcement officers involved in the death of David Silva, represented by this firm:

Below the release are links to media coverage of the announcement, and the response from Chain | Cohn | Clark.

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April 11, 2014                                                                                                       

NEWS RELEASE

FOR IMMEDIATE RELEASE

Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

The attorney for the family of David S. Silva on Friday called the decision by the Kern County District Attorney’s Office a disappointment, following its decision to not file charges against officers that beat and hogtied him before he died.

“This is the reason we need an independent advisory panel evaluating these types of cases,” said David K. Cohn, managing partner with Chain | Cohn | Clark and attorney representing the Silva family. “Kern County District Attorney’s Office personnel work with these agencies every day, and they’re the ones in charge of prosecuting cases for them. Apparently, the way it works in Kern County is that unless they catch the officers red-handed, nothing will happen. It appears that they look for ways not to prosecute.”

Cohn continued: “Given that we do not have an independent panel in place to investigate, that’s the reason we filed a lawsuit in this case on behalf of the Silva family.  Through this lawsuit, we believe the truth will come out. We have the ability to question these officers under oath. We’ll be more thorough in this investigation than any investigation that the Kern County District Attorney’s Office has done thus far. We won’t just rely on the investigative reports prepared by the Sheriff’s office, which are self-serving, one-sided versions of the events leading up to David Silva’s tragic death.”

Chain | Cohn | Clark has filed a civil rights lawsuit in connection with the wrongful death of David Silva in May 7, 2013. The lawsuit arises out of an incident at the intersection of Flower Street and Palm Street in Bakersfield, when David Silva died as a consequence of unreasonable and excessive force used by six Sheriff’s deputies, a sergeant, and two California Highway Patrol officers.

The complaint seeks damages on behalf of David’s four young children, his significant other, his parents and his brother, for the loss of love, affection, society, service, comfort, support, right of support, expectations of future support and counseling, companionship, solace and mental support, as well as other benefits and assistance of the decedent, David Silva.

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Meanwhile, local, state and national news media has been covering the announcement and response. Here are some of those articles and videos. 

The Bakersfield Californian: Prosecutors won’t file charges in David Silva’s death, Letters to the Editor

KERO-23, ABC: Attorney in David Silva case calls Kern County District Attorney’s Office decision a disappointment

KBFX-58, KBAK-29, FOX: Kern County prosecutor: No charges in Silva in-custody death 

KGET-17, NBC: District attorney: No charges to be filed in David Silva case

KGET-17, NBC: DA: No charges for deputies in deadly Silva confrontation

KERO-23, ABC: Kern County District Attorney will not file charges in the alleged beating death of David Silva

CBS-2, KCAL-9, Los Angeles: No Charges Filed Against Deputies In Bakersfield Arrest Death

San Francisco Chronicle: No charges filed in Kern County arrest death