Second Silva brother sentenced for attack
EPHRATA - The second of two brothers accused in a July shooting, was sentenced to a year in prison for attacking two officers.
Juan D. Silva, 19, of Soap Lake, pleaded guilty in Grant County Superior Court to two counts of third degree assault.
Silva has previous felony convictions for second degree burglary and second degree malicious mischief, according to court records. When combined with his present convictions, he faced a sentencing range of three to eight months in jail.
Grant County Superior Court Judge John Antosz followed the prosecutor's recommendation, sentencing Silva to an exceptional sentence of a year in prison.
The exceptional sentence was spurred by four gross misdemeanor convictions, which weren't counting in determining the sentencing range, according to court records. Silva has prior convictions for fourth degree assault and harassment.
"Based on Silva's past criminal history and the seriousness of these offenses, an exceptional sentence was warranted," Prosecutor Angus Lee stated.
The case started when Ephrata police were investigating a stabbing, according to an Ephrata police report. The officers discovered several people fighting on Fifth Avenue. One of the people was Silva's brother, Alfredo L. Silva Diaz, 19, of Soap Lake. A male was on top of Alfredo Silva Diaz, punching him. When police ordered the male to stop, he didn't and an officer used a Taser to subdue the male.
When he was on the ground, Alfredo Silva Diaz got up and jumped on the male, according to the police report. The officer ordered Alfredo Silva Diaz to stop. When he didn't comply, the officer kicked Alfredo Silva Diaz off.
A second officer shot Alfredo Silva Diaz with a Taser, and he kept trying to get back up, according to the police report. Juan Silva kept telling his brother to stop fighting and just lay down. When an officer told Juan Silva to back away, he argued with the officer he was trying to help.
Once Alfredo Silva Diaz was on his knees, an officer moved behind him and started putting handcuffs on him. As the officer started putting handcuffs on, Juan Silva leaned in and asked his brother if he was "ready," according to the police report. A second later, Alfredo Silva Diaz started to stand, while Juan Silva charged the second officer on the scene.
After a struggle with the officer, Alfredo Silva Diaz punched the officer in the face, knocking him off balance, according to the police report. The officer let go of Alfredo Silva Diaz, who ran away. Juan Silva grabbed the second officer, who hit the man with his flashlight. Juan Silva ran away after being hit.
Police chased the brothers and tackled Alfredo Silva, according to the police report. Juan Silva escaped.
Alfredo Silva Diaz previously pleaded guilty to two counts of third degree assault. He was also sentenced to a year in prison.