City, police officers sued over '04 death

By Ken Kobayashi
Advertiser Courts Writer

The parents of a 24-year-old man who died while in police custody after he allegedly threatened a woman and brandished knives at a Mililani park July 4 last year filed a Circuit Court lawsuit against the city and unidentified police officers.

The suit seeks an unspecified amount of damages from the city and officers for the death of Kevin J. Silva.

Todd Eddins, lawyer for parents Lorin and Carol Silva of Salt Lake, said police have not disclosed to them what happened to their son while he was in police custody, but Eddins said police protocol was breached when Kevin Silva was not taken to Wahiawa General Hospital for medical treatment.

Lorin Silva said he didn't want to be critical of police who don't have easy jobs, but said "serious mistakes were made."

A police spokeswoman referred questions to the city Corporation Counsel, who could not be reached for comment.

But two days after the death, police said Kevin Silva had been brandishing knives at people and kicking officers at Kipapa Park in Mililani. Then acting Police Chief Glen Kajiyama said they were investigating reports that people tried to restrain Silva and may have used baseball bats on him before officers arrived.

Kajiyama said Silva was taken to the Wahiawa hospital, but he resisted an officer's attempt to get him out of the car. Because he showed no visible injuries, he was then taken to the nearby Wahiawa police station, but he was "unresponsive" when they got there, Kajiyama said.

Silva was then returned to the hospital where he was pronounced dead, police said.

Eddins yesterday said Silva had 32 external injuries, and there are conflicting reports as to whether he had been taken to the hospital before he went to the police station.

The lawyer said Silva had a history of mental problems and cocaine use, but toxicology reports found no drugs in him.

The cause of death was "excited delirium," essentially respiratory arrest, which might have been partly caused by Silva's being bound by police at his wrist and ankles and placed in a "compromising position," Eddins said.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.