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SDNews.com
Home La Jolla Village News

Man convicted of sexual battery, burglary in La Jolla

Tech by Tech
March 31, 2011
in La Jolla Village News, News, No Images
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A jury on March 24 convicted a man of residential burglary and sexual battery for following a La Jolla woman home from a beach party last summer and fondling her in her bed at 4 a.m. Bryan Patrick Silva, 21, of San Diego, had been free on $50,000 bond, but was remanded into custody by San Diego Superior Court Judge Laura Parsky following the jury’s verdicts. The jury deliberated for about two and a half days, deadlocked in an 11-1 vote favoring conviction on a sex charge of digital penetration of a sleeping victim. Parksy declared a mistrial on that one charge only. Deputy District Attorney Robert Stein said the one dissenting juror didn’t vote to convict Silva because no DNA evidence was presented. The jury also convicted Silva of receiving stolen property in the theft of the victim’s cell phone, iPod and computer. Stein said Silva faces six years in prison on the burglary conviction alone. His office has not determined whether they want to retry Silva on the one unresolved sex charge. Sentencing was set for May 13. Silva did not testify in the trial that began March 15. His lawyer asked that Silva remain free on bond, but Stein argued that circumstances have changed because he was convicted of several felonies. The 22-year-old victim testified she woke up at 4 a.m. on Aug. 11, 2010, and saw a hooded man touching her. She screamed, and both Silva and a second man, Xavzier Pernell Paschal, 22, fled. She called police, and both men were arrested after an officer pulled over a car on Nautilus Avenue that had the stolen property inside it. Paschal pleaded guilty to burglary and receiving stolen property and was sentenced to one year in jail. He has since been released on terms of three years probation.

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