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thedrifter
07-26-06, 09:08 AM
Posted on Wed, Jul. 26, 2006

Toy gun fooled officers, jury says

MARTINEZ: Former Marine, 27, who claimed he had not eaten in days, was fatally shot after he aimed fake pistol at police
By Bruce Gerstman
CONTRA COSTA TIMES

Former Marine Robert Silva was shot dead by Martinez police who believed a toy handgun he pointed at them was real, a coroner's jury decided Tuesday.

"I just feel like (Silva) was mentally ill, and the police were doing their job," juror Amy McDonald said after Tuesday's inquest.

Jurors heard nearly two and a half hours of testimony from police officers who were at the scene May 10 in downtown Martinez and from investigators who learned Silva, 27, had not eaten for days and told people he was joining a Mexican revolution in Martinez.

Inquests follow deaths of people in custody or during confrontations with police. The jury determines the manner of death: suicide, accident, natural or at the hands of another person. In Silva's case, the jury found he died at the hands of another person.

The barrel of Silva's toy pistol had an orange tip that is common among toy guns. Although onlookers about 40 feet across the courtroom saw the orange tip Tuesday, an investigator determined the officers were 70 to 90 feet away. Each officer testified he did not see it at the time.

Police first heard about Silva about 8:30 a.m. when Russell Sharp, who was sitting in his parked truck, called 911 to report that Silva had come up to the window of his truck and told him, "This is your last day on Earth," pointed the gun, and clicked the trigger twice.

Silva then ran, stopping in front of Martinez police Cpl. Brian Carter, who was stopped at the intersection in his patrol car. Carter testified he ducked down and sped away when Silva pointed the fake weapon at him.

"I could see that he was running after me with the gun pointed at me," Carter testified.

Silva then fled. Carter found him on Buckley Street where another officer had followed him. Silva pointed the phony gun at both officers. The officers fired and killed him.

Police and district attorney investigators testified that they re-enacted the scene, and each time officers were unable to see that the gun was fake.

Investigators interviewed one man who saw Silva earlier and said the gun obviously was a toy, said senior district attorney inspector Paul Mulligan, who also noted the man was hostile to law enforcement.

Silva lived in Las Vegas but grew up in Martinez and was visiting an uncle at the time of the shooting. Martinez police Detective Mark Peterson testified Silva had told his family he had not eaten food or drunk water in at least nine days.

He told his family he was getting his power from the sun, Peterson testified.

After the inquest, Silva's father, Joe Silva, said his son never ate much food and was always skinny. He was working toward an associates degree at Las Vegas College.

After leaving the Marines, his son felt angry toward the government, Joe Silva said.

"He wasn't violent," Silva said. "I think (the police) went overboard."
Bruce Gerstman covers courts. Reach him at 925-952-2670 or at bgerstman@cctimes.com.

Ellie