Posted on: Friday, May 31, 2002

Kaua'i man gets 20 years in jail

By Jan TenBruggencate
Advertiser Kaua'i Bureau

LIHU'E, Kaua'i — Kaua'i Circuit Judge Clifford Nakea sentenced Gerard Silva to 20 years in prison yesterday, but said he hopes the state paroling authority lets him out at the first opportunity.

Silva, 46, was convicted of attempted manslaughter, along with firearms and switchblade offenses — crimes serious enough that probation was inappropriate, the judge said.

Chronically depressed from severe arthritis that left him unable to work and from the side effects of the drugs he took to control the discomfort, Silva told the court he could not bring himself to commit suicide, but wanted a police officer to shoot him to death.

He arrived at the Lihu'e Police Station on March 15, 2001, with a rifle and a switchblade, threatening to "kill the first ... cop I see."

But instead, officer Randy Chong Tim wrestled Silva to the ground and disarmed him.

During the scuffle, Silva's rifle went off, knocking a chunk of concrete out of a wall.

Silva, a large man who has severe difficulty walking, told the court yesterday that he was sorry for his actions and thankful that he was prevented from proceeding with his plans.

"I'm lucky it was a seasoned officer with some smarts," he said.

Nakea sentenced Silva to three prison terms to be served concurrently, the longest being 20 years, but the judge said he does not expect Silva to serve it out.

"I expect favorable consideration your first time before the (paroling) board," Nakea told Silva.