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SDNews.com
Home La Jolla Village News

Man gets prison time for Bird Rock burglary, battery

Tech by Tech
June 9, 2011
in La Jolla Village News, News, No Images
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A man who was convicted of residential burglary and sexual battery when he touched a La Jolla woman in her bed as she slept was sentenced May 31 to two and a half years in state prison. Bryan Patrick Silva, 21, of San Diego, was given credit for already serving 80 days in jail by San Diego Superior Court Judge Laura Parsky, who denied probation. Silva and another man followed the victim home from a party at the beach on Aug. 11. They entered the home and the man’s friend began taking electronic devices, but Silva went into her bedroom. He allegedly fondled the 22-year-old woman, who woke up screaming at 4 a.m. after seeing Silva. The men fled, but were arrested by San Diego Police after an officer pulled over their car on Nautilus Avenue. The vehicle contained the stolen property. A jury deadlocked 11-1 on March 24 for conviction on a felony charge of assaulting the sleeping woman, but that charge was dismissed May 31 after Silva was sentenced to the 30-month term. Deputy District Attorney Robert Stein said the one dissenting juror didn’t vote to convict Silva on that charge 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. Parsky ordered Silva to pay $200 in restitution and fines of more than $1,500. The second man, Xavzier Pernell Paschal, 22, pleaded guilty to burglary and receiving stolen property and was sentenced to one year in jail. He was released on Feb. 8 on terms of three years probation.

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