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Danbury Landlord Joseph DaSilva Pleads Guilty to Negligent Homicide

Facing a jury at 10 a.m., prosecutors, the defendant and his attorney worked out a last-second plea agreement that will most likely put Danbury Landlord Joseph DaSilva behind bars.

Danbury Landlord Joseph DaSilva, charged with homicide, first-degree assault and third-degree assault following the 2009 death of Luis Encalada, pleaded to lesser charges Wednesday that could put him behind bars for up to seven years.

DaSilva agreed using the Alford doctrine in Danbury Superior Court the state could probably win its case, although he disagreed with parts of it. That left him pleading guilty to negligent homicide, second-degree assault and third-degree assault, lesser charges than those originally filed against him.

DaSilva was originally charged with manslaughter and assault following a confrontation on Nov. 6, 2009 on Town Hill Avenue in Danbury that left a man dead. The man, Luis Encalada, may have been an illegal immigrant, and as each juror is questioned, both the Assistant State's Attorney Hodge and Defense Attorney Riccio ask jurors about their thoughts about illegal immigrants.

According to the arrest warrant application and what Assistant State's Attorney Sharmese Hodge said in court, DaSilva was throwing squatters from one of his apartments at 58 Town Hill Ave., when one of the man, Encalada, suffered injuries to his liver. He died later that day at Danbury Hospital.

As the agreement stands right now, DaSilva will be sentenced on March 14 to seven years in prison, suspended after two-and-a-half years, with five years of probation. DaSilva's defense attorney, Eugene Riccio of Bridgeport, has the opportunity at his sentencing to ask for reduced prison time. Riccio and DaSilva declined to comment Wednesday.

Assistant State's Attorney Sharmese Hodge said, "We reached this agreement after long negotiations." That included her talking to the victim's family and to one of the men thrown from the apartment with Encalada. "The outcome was fair to all sides."

Danbury Detective Dan Trompetta, who led the investigation, said, "It seems fair to everybody."

Tanya January 19, 2012 at 08:33 PM
I feel if you do the crime pay the time in jail.Now a days people get away with shit either its all about money or something else.
Susan Silbert Evans January 20, 2012 at 02:47 PM
I have to admit I was convinced that Mr. Da Silva would beable to pay his way out of this mess. My faith in the Danbury Justice system is somewhat restored. I was once a tenant in the Da Silva's apartments. Not young Joe but his father. They were in very sad shape, my children always ill from fumes, unclean vent systems, mold, lead, low levels of carbon monoxide. They were what we call slum lords. I am a white, single beaten mother who didn't use welfare. I worked and paid babysiters. My neighbors were illegal. I am sure some of childrens learning problems are from living in conditions like these. Landlords are wealthy, my son has been mentally ill from toxins and I believe these apartment caused some of it. Hes been disabled since age 18. Mr Da Silva needs to have consequences for his actions, just as our children do. Consequenses for good action and bad action. Sooz EV
Kayla Samara Smith January 21, 2012 at 09:34 AM
My fiance went to court this week, Wednesday January 18, the same day that DaSilva went into court to agree to take a plea deal in March. My fiance went in to make good on the plea deal he agreed to take a few months ago. He took a plea deal for two and a half years in prison, after first being offered ten years, then five years. DaSilva agreed to a plea deal that will have him also serve two and a half years in prison, but with five years of probation and seven years to serve only if he gets in trouble again during that time. HE IS NOT SERVING SEVEN YEARS ONLY TWO AND A HALF. Something isn't right when two people end up with the same prison time when one of them was found with a small amount of illegal substance and then allegedly charged with intent to distribute and the other man is a MURDERER. DaSilva KILLED a man for being homeless and squatting in one of his apartments. But I guess when you have money and you can pay for a team of lawyers you can get away with murder, serving only TWO AND A HALF YEARS. The man he killed won't get ANY of his years back. Why does DaSilva? "Innocent Until Proven Guilty".....isn't that why our justic system is supposed to be the best in the world?? In reality it's more like "Innocent if you have the money to prove it"... As we have seen SO many times in celebrity cases and cases involving politicians and basically any cases involving the wealthy upper classes. Would a lower middle class man using a public defender get off so easy?
MyGoodPeople January 22, 2012 at 07:36 PM
Our criminal justice system is not consistent. DaSilva murders someone and gets 7 years only needs to serve 2.5 years because he has Eugene Riccio as his attorney. Angelina Jamele under the influence of drugs murders her grandmother and gets 27 years and needs to serve 27 years. I am not saying either one is right. They both took a life but where is the justice? This is not consistency but who has the money to buy the deal. Very sad.
Theresa James September 06, 2012 at 04:39 PM
we all know that it is who you are and who you know.If his first name was raheem or Jakeem he would have got 27yrs to do and 15yrs of special probation and his name drag threw the gutters.IT IS WHO YOU ARE!!!!! AND WHO YOU KNOW!!!!!!

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