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‘Free me:’ Silva sentenced for standoff

 

Social media celebrity Bryan Silva, who prompted the first SWAT standoff of the year, was sentenced to one year and nine months of jail time October 18 in Charlottesville Circuit Court for possessing and brandishing an illegal firearm and disobeying the court.

Silva’s attorney, John March, asked for a lesser sentence, arguing that the four months Silva already served were a “wake-up call” and that he is not the gun-toting, rapping “gangsta” he once portrayed himself as online.

Silva became famous with a video he created on Vine—a site where users post seconds-long videos to the web—in which he says “gratata,” imitating the sound of a gun. Although he has since gained a following of millions of people, March says they aren’t celebrating him—they’re mocking him.

“He is the butt of the joke,” March said at the sentencing. And when the defendant’s brother, Phillip Silva, testified, he described the “slew of Internet hate” his younger brother received, which led to bouts of depression.

The night before Silva allegedly pointed a loaded gun at his then-girlfriend, who was 17, March said his client was under an unexpected amount of stress, because the girlfriend told him she thought she was pregnant.

Judge Richard Moore said excuses can’t be made for the “disturbing case,” in which the girl feared for her life and fled to a neighbor’s house where she called police and the standoff was initiated.

“Needless to say, this is one of the most unusual cases I’ve ever seen,” the judge said, adding that the focus should not be on Silva’s internet persona, but on the fact that he pointed a loaded gun at another person. “This is real life. This is not pretend on the Internet.”

But in his testimony, Phillip Silva suggested that perhaps some elements were pretend, and he’s “certain” that some of the photos of the defendant with weapons, which were pulled from his Facebook page, showed him with fake guns.

In a February 11 preliminary hearing, Assistant Commonwealth’s Attorney Joe Platania said police found a 9mm handgun in Silva’s house after the standoff that matched a gun Silva can be seen holding in his Facebook photos. Both the gun police found and the one in the photo had a LaserMax mounted on it, which matched the description of what Silva’s girlfriend said he pointed at her that morning.

Judge Moore agreed to impose the maximum sentence of five years for possessing a gun as a convicted felon, 12 months for brandishing it and 86 days for not obeying all probation regulations. He suspended all but one year and nine months, and Silva has already served four months.

He was ordered to report to jail immediately, despite pleas from family and friends for a delayed sentencing. “I love you, Bryan,” three voices called out.

Outside the courtroom, Silva’s brother and mother watched for him to be led into the back of a police car. Handcuffed, he spewed profanities, though he told the judge he had changed, and was “deeply sorry” just minutes earlier.

When halfway to the police vehicle, Silva abruptly turned to the media and shouted, “Free me.”

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Bryan Silva’s sentencing delayed

 

Bryan Silva appeared in Charlottesville Circuit Court August 17 for sentencing on charges related to a January 3 SWAT standoff, in which the 25-year-old Facebook celebrity barricaded himself inside his Jefferson Park Avenue home for several hours while posting videos of the incident on his social media pages for his thousands of fans to follow along.

He has been charged with a felony for possessing a firearm as a convicted felon and three misdemeanors for brandishing a gun, contempt of court and a probation violation he made while out on bond.

Because of complications with paperwork, the sentencing was rescheduled for October 18.

Silva appeared in the courtroom—wearing sagging jeans, a gray polo shirt and gold chain—and sat in the front row with a girl he wrapped his arm around and later kissed. His brother joined him and their mother sat a few rows away.

The January standoff was initiated after Silva’s then 17-year-old girlfriend—whom he allegedly ordered not to leave his apartment after pointing the laser scope of a loaded 9mm at her—escaped and called police from a neighbor’s house earlier that morning. It is unclear if the girl in the courtroom was involved.

Judge Rick Moore has already agreed to drop an abduction charge in the case.

“He’s really a nice young man,” Silva’s attorney, Richmond-based John March, said outside of the courthouse. “I think what you see is a persona.”
He confirmed that his client is doing well, has passed all court-ordered drug tests and will remain free on bond until his sentencing.

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Local social media celebrity arrested again

Bryan Silva, the Vine and Facebook star notorious for broadcasting his January SWAT standoff on Jefferson Park Avenue to thousands of followers, has been arrested on a capias advising that he failed to comply with the Offender Aid and Restoration program.

Around 1pm on June 14, Charlottesville police spokesperson Steve Upman says Silva turned himself in to the magistrate’s office. He now faces felony charges for revocation of sentence or probation in Orange County.

Other details about the incident have not been released.

In April, Silva entered an agreement in which he pleaded guilty to brandishing and possessing a firearm. An abduction charge for allegedly pointing the laser scope of a loaded 9mm at his 17-year-old girlfriend on the morning of the standoff and refusing to let her leave his apartment was dropped.

He was then released from jail on a $20,000 bond and a stricter than usual house arrest until his sentencing, which was scheduled for July 5.

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Bryan Silva pleads guilty, now under strict house arrest

Bryan Silva, the 25-year-old social media celebrity jailed after a January 3 SWAT standoff, pleaded guilty April 11 to brandishing and possessing a firearm. Though he has been denied bond twice since January, Charlottesville Circuit Court Judge Rick Moore agreed to release him from jail on a $20,000 bond and under a stricter than usual house arrest until his July 5 sentencing.

As part of the plea agreement reached by prosecutor Joe Platania and Silva’s attorney, John March, Moore agreed to drop an abduction charge Silva faced for allegedly pointing the laser scope of a loaded 9mm at his 17-year-old girlfriend on the morning of the standoff, refusing to let her leave his apartment in the 2500 block of Jefferson Park Avenue and then eventually throwing her belongings outside.

Silva had met his girlfriend online about a month earlier, and, according to a statement of facts from Platania, she was homeless and living in another state when Silva offered to fly her out to Charlottesville to live with him.

The victim told detectives that Silva had taken a large amount of Xanax on the day he threatened her with the gun and that she was scared of him, the statement of facts says. The prosecutor said the victim has since left Virginia and did not want to come back to testify against him in a trial.

At the hearing, Moore asked Silva about his level of education, to which he answered that he completed eighth grade and then got his GED at 16.

“Tell me what you think the agreement says,” the judge said. “That I’m pleading guilty,” Silva said, and indicated he understood that staying in jail could help him get a headstart on the maximum sentence of six years that his charges carry. March said house arrest would help Silva establish a good track record and argue for a shorter sentence.

Silva will stay with his mother in her Orange apartment, under 24-hour supervision of an adult with no criminal record and GPS monitoring. After three weeks, Moore said he may drop one of these conditions.

“I want to know where he is at all times and I want to make sure he’s not alone,” the judge said. “This is stricter than most house arrests.” He asked Silva’s mother if she realized her son had pointed a loaded handgun at a girl.

Silva will also be subject to routine drug and alcohol tests, and the social media star will not have access to the Internet.

Moore brought up Silva’s online presence and Facebook photos in which Silva can be seen shirtless and brandishing a handgun matching the one his former girlfriend said he pointed at her.

“The Bryan Silva who is in this court today and the Bryan Silva in those pictures is two different people,” his attorney told the judge. “One is for show and one is for real.”

 
After the hearing, March said Silva is “a very nice young man” and has had plenty of time to reflect in prison.

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Bryan Silva set to plead guilty

The 25-year-old social media celebrity charged with abducting his girlfriend and brandishing and possessing a firearm while being a convicted felon is set to enter a guilty plea April 11 at 1pm in Charlottesville Circuit Court, according to the court docket.

SWAT teams and local police blocked off Bryan Silva’s Jefferson Park Avenue apartment during a several-hours-long standoff on January 3, during which Silva posted videos of himself sloshing clear liquid out of a Grey Goose bottle and spewing profanities at the police on his many social media platforms. He refused to surrender himself until police shot tear gas into his home, after which he emerged with his hands in the air and his pants around his ankles.

The Internet star has been denied bond twice, and according to his lawyer, has been kept in solitary confinement in prison.

 

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Will the 9mm match? Bryan Silva goes to grand jury

 

In a preliminary hearing for Bryan Silva, the 25-year-old social media celebrity who starred in an hours-long police standoff January 3, was denied bond—again.

This time, his mother, Robin, was present to testify that she had no firearms at her Orange County home and Silva could come live with her if he were allowed out on bond.

Silva is charged with abduction and possession of a firearm by a convicted felon in his most recent arrest. Since 2009, he has been charged with assault, shoplifting or altering the prices of merchandise, destruction of property and possession of marijuana in Charlottesville and in Albemarle and Orange counties.

At the February 11 preliminary hearing, Assistant Commonwealth’s Attorney Joe Platania said police found a 9mm handgun in Silva’s house after the standoff and argued that it matched a gun Silva can be seen holding in his Facebook photos. Both the gun they found and the one in the photo had a LaserMax mounted onto it, which matched the description of what his 17-year-old girlfriend said he pointed at her that morning. Police found the LaserMax box, along with a pistol cleaning kit, in a desk drawer in Silva’s house.

Charlottesville Police Detective Lee Gibson testified that after Silva’s girlfriend called 911 on January 3 to report being held against her will and threatened with a gun, she gave police the Facebook photo of Silva holding the gun and said it was the same gun and laser he pointed at her.

Police arrived at Silva’s Jefferson Park Avenue home around 7am and Silva walked in and out of the front door several times while yelling at the officers, said Gibson. Soon after, they made phone contact with the local Internet celebrity, who was posting videos of the standoff to his thousands of followers but refused to exit the home. A SWAT team shot tear gas into the home, forcing Silva out around 3pm, and Gibson said he talked with Silva while other officers secured the home.

According to Gibson, Silva said a friend had left the gun in the house.

Silva’s attorney, John March, said several people had access to the home and in the bedroom where police found two live rounds of ammunition, not all materials belonged to Silva.

“I don’t think there is anything that puts the gun in possession of Mr. Silva,” March said. He also told the judge that Silva has been in solitary confinement ever since he’s been in prison.

Silva will appear in front of a grand jury February 16.

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SWAT talk: Number of standoffs is ‘out of the norm’

The overall goal of any SWAT team is to save lives, says Lieutenant Steve Upman with the Charlottesville Police Department. The January 5 standoff between city, county and university police and a suspected bank robber marked the second standoff of the year.

“The two callouts over the last few days are out of the norm for Charlottesville,” Upman says, adding that the city and county have their own SWAT teams, but they have a mutual aid agreement to help each other out when needed. Both teams were at each incident this year.

According to Upman, SWAT members are specialists trained as a team to handle incidents that require additional tactics and weapons beyond the realm of a regular police officer, such as barricaded people, hostage situations, dignitary protection, sniper situations, high-risk search warrants and high-risk arrest warrants. He says the use of these specially trained teams has been proven to reduce the risk of injury or death to suspects, citizens and police officers.

John Whithead, president of the Rutherford Institute and author most recently of Battlefield America: The War on American People, has spent a lot of time examining the use of SWAT teams in America.

“In 1985, there were 3,000 SWAT team raids in America,” he says. “Now there are over 80,000.”

A large portion of SWAT team activations are for “marijuana and victimless crimes,” and Whitehead says “people are getting shot and getting hurt.” He references the 2010 killing of 7-year-old Aiyana Jones after a Detroit SWAT team launched a grenade into her family’s apartment, broke down the door and started shooting. Members shot her while she was asleep on the couch and later learned they were in the wrong apartment.

But “in certain situations, they’re very appropriate,” he says, like in hostage situations or when a suspect, like a bank robber, could be armed.

The CPD’s SWAT team, which works part-time, was activated five times in 2015, Upman says.

The Downtown Mall’s Union Bank & Trust was robbed January 4, and city spokesperson Miriam Dickler says police obtained a search warrant January 5 for a house located at 504 Sixth St. SE, where the robber was allegedly staying. While police were on their way to the house, a 911 call came through for a report of domestic violence at the same address, she says.

When police arrived at the scene four out of five people were able to exit the house, but one refused and remained inside—the suspected bank robber later identified as Cole Franklin Nordick.

A number of city, county and university police blocked off the street and surrounded the entire area around 1:30pm. Police and city and county SWAT teams made telephone contact with Nordick, and he threatened harm to anyone who tried to enter the home, police say. About two hours into the standoff, police began shooting tear gas into the Sixth Street home. One bystander reported counting at least 12 shots, with more fired afterward.

Homeowner Marcus Shifflett was not pleased with having dozens of tear gas rounds lobbed into his property during the standoff.

“Everything in that house will be ruined,” he said during the incident. “Furniture, clothes, everything.”

Bystanders gathered on a nearby sidewalk, and cars slowed when they passed the commotion. Many had cell phones out, filming the action.

Around 4:25pm, Nordick emerged from the front door of the home, hands in the air and holding a cell phone and a cigarette, and wearing a white T-shirt and sunglasses. He was arrested for armed bank robbery and taken to the Albemarle-Charlottesville Regional Jail where he is being held without bond.

Nordick has arrest records dating back to 1996, with at least two charges for petit larceny, multiple probation violations and drug charges.

On his Facebook page, Nordick says he studied locksmithing at a trade school.

The city delayed school buses for nearby Clark Elementary School, as well as some buses from Walker Upper Elementary, Buford Middle School and Charlottesville High.

During the standoff, Shifflett said he suspected Nordick was blockaded in the windowless bathroom where the gas wouldn’t reach him.

“I don’t know what [the tenants] are going to do tonight,” Shifflett said on the day of the incident. “They’re going to have to find a home. They don’t have no place to go.”

Just two days earlier, Charlottesville resident and Internet celebrity Bryan Silva blockaded himself inside his home on Jefferson Park Avenue for several hours while SWAT members attempted to coax him outside. He eventually exited the house without incident and was arrested for abduction and possession of a firearm by a felon.

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SWAT standoff: Local Internet celeb behind bars

Not one to shy away from a camera, a Charlottesville man and Internet celebrity had a more somber cameo than he’s used to during January 4 video appearances in Charlottesville General District Court and Juvenile and Domestic Relations Court.

A day after a police standoff, which lasted several hours and required the presence of a SWAT team, 25-year-old Bryan Silva was denied bond until he meets with his attorney. At the first hearing, Judge Robert Downer asked Silva at least twice if he was previously out on bond for other charges, but the wavy, brown-haired Silva said he wasn’t sure.

Silva said he has, however, met with a probation officer and taken two anger management classes for pending assault charges from October.

When the judge asked where he was employed, Silva answered, “Facebook,” and said he has more than 1.5 million followers.

In his most recent arrest, Silva is charged with abduction and possession of a firearm by a convicted felon. Since 2009, he has been charged with assault, shoplifting or altering the prices of merchandise, destruction of property and possession of marijuana in Charlottesville, and in Albemarle and Orange counties.

Police say Silva’s 17-year-old girlfriend left his home on Jefferson Park Avenue Sunday and went to the house of a neighbor, who called the police. The victim told police Silva held her against her will and threatened her with a handgun. She said he also threatened to shoot the police.

Officers went to Silva’s residence in the 2500 block of JPA and made contact with him by telephone. Silva, who posted first-hand videos of the standoff to his mass of followers, would not cooperate and refused to leave his home. The SWAT team joined police because of the presence of a firearm and Silva’s alleged threats.

Eventually, police shot tear gas into Silva’s home and he emerged, hands in the air and pants around his ankles. He was then taken into custody. Police seized a handgun from his residence.

In one video of the standoff, he can be seen drinking a clear liquid from a Grey Goose bottle and bopping up and down while spewing profanity and phrases such as “gettin’ money.” The video is accompanied by the caption, “Broke fufu lames and I are not the same.” The video had 2,089 likes and nearly 1,400 shares at press time.

He got even more likes—3,276, to be exact—on a minute-long video he took of the police outside his house, in which he makes lewd comments about the officers and brags about his “drop top Mercedes Benz.”

Silva told the judge at his first bond hearing of the day that he would be able to afford his own attorney. At his second hearing, Silva said his current attorney Scott Goodman will represent him, though he hadn’t been able to contact him about his most recent arrest. He was appointed temporary counsel.

Silva is probably most well-known for his appearance on Comedy Central’s “Tosh.0,” in which he spends the day with comedian and host Daniel Tosh, who prompts Silva to discuss how he gained his following and pokes fun at Silva’s well-known 2014 video in which he filmed himself shirtless in front of a mirror, singing and making gun noises (hence the word he coined, “gratata,” which is supposed to sound like a gun firing and has been imitated by his followers).

His next hearing will be February 11 at 1pm in Charlottesville General District Court, followed by a Juvenile and Domestic Relations Court appearance on February 19 at 11am.