By Lisa E. Crowley
The BrocktonPost
BROCKTON—A suspended Brockton Police officer faces two counts of felony assault and one felony count of carrying a weapon while intoxicated in criminal court and was expected for a disciplinary hearing today with Brockton city officials that could result in his termination from the department following a Saturday night Halloween celebration in Newport, Rhode Island that ended in the officer’s arrest for allegedly waving a gun at two restaurant employees.
Newport Police Lt. William Fitzgerald Jr. said Jordan James Silvia, 29, of Fall River, was arrested Sunday, Oct. 31 at about 1:45 a.m. after police received a call from employees at Christie’s Restaurant at Perry Mill Wharf
(Front entrance pictured above) reporting a fight and a man waving a gun at employees.
“He’s probably a great guy, but he made one bad decision after another that night,” Fitzgerald said.
Fitzgerald said Silvia was so intoxicated he could not be fingerprinted or booked when he was brought to the station.
“He was so intoxicated he could barely stay on his feet,” Fitzgerald said.
Fitzgerald said when police arrived at the restaurant, employees identified Silvia as the man in a red buttoned-down shirt who brandished a powerful yet small Kel Tec .380 caliber-hand gun—small enough to fit in a man’s pants pocket—after an incident between employees and a friend of Silvia’s, Eric Santos, 34, of Fall River.
Fitzgerald said the gun was Silvia’s personal gun.
Fitzgerald said during the incident with the two restaurant employees, witnesses said Silvia “racked,” or ejected a bullet in the chamber of the gun, and the casing was found where witnesses said Silvia brandished the weapon.
“This is an unfortunate incident,” Fitzgerald said. “This is something that occurred that could have been prevented,” he said.
The incident began, Fitzgerald said, when Silvia, Santos, 34, of Fall River, and an unidentified third man who was not charged with a crime, parked a GMC Yukon in a parking lot adjacent to the rear of Christie’s restaurant.
Fitzgerald said restaurant employees noticed Santos allegedly urinating on a potted plant that is a part of an outdoor patio to the rear of the restaurant.
(Rear patio pictured below)
Employees asked Santos to leave, Fitzgerald said, but his friend, Brockton Police officer Silvia walked over and became increasingly agitated, telling employees they were the ones who needed to leave as employees asked Silvia and Santos to leave.
Fitzgerald said employees continued to ask Silvia and Santos to leave when Silvia allegedly put his hand in his right pants pocket and pulled out the gun and waved it at the chests of two employees and said, “I’m not going anywhere.”
Fitzgerald said employees gave Silvia every chance to leave the scene before calling police.
When police arrived, Fitzgerald said, employees identified Silvia as the man with the gun and Newport Police drew their weapons on Silvia, who at that point had walked back to the SUV.
Fitzgerald said Silvia was compliant and told police while being frisked he had a gun in his pocket. Fitzgerald said police found the gun and made Silvia “safe.”
When police asked Silvia if he waved the gun at employees, Fitzgerald said, Silvia admitted to having a gun, but lied about waving it at the employees.
In the meantime, Santos had been warned by police that he was too intoxicated to drive the Yukon and advised him not to drive the vehicle.
However, while police dealt with Silvia, Santos allegedly drove the Yukon several blocks and was caught on Thames Street.
Police charged Santos with driving while intoxicated. Court documents show Santos blew a breathalyzer twice, and was recorded at a blood alcohol content of over .20 for both tests.
He was arraigned in Rhode Island 2nd District Court in Newport, R.I., and was released on a surety bond of $1,000.
Fitzgerald said police brought Silvia to the police station and postponed fingerprinting and booking him until he had sobered up.
Silvia was arraigned in Rhode Island 2nd District Court Monday Nov. 1 on the felony charges and was released on a $1,000 surety bond.
A stay away order was issued by the court to prevent Silvia from coming into contact with the two Christie's employees who are witnesses in the case.
He is expected in court Dec. 9 for a pretrial conference.
Not only does Silvia have to return to district court in Rhode Island to face three felony charges and possible imprisonment, but today he was expected to face a disciplinary hearing at Brockton City Hall.
Lauren DeFilippo, a spokeswoman for Mayor Linda Balzotti, said Silvia's case was being handled by the legal and personnel departments, who would make a decision about Silvia's situation.
Silvia faces everything from suspension with or without pay to termination, and because he was hired in May, could fall under the police department’s probation period for new employees.
DeFilippo said the mayor’s office had not yet heard what happened during deliberations.
Silvia could not be reached for comment. According to the Herald News of Fall River, Silvia served in the Iraq War as a member of the National Guard in helicopter operations.
DeFilippo said once a decision is made it will go to the mayor’s desk for review.
She said Silvia also has the right of appeal with the state Civil Service--the state agency that oversees many police department hiring and disciplinary matters.
Patrolmen’s union head William Healey could not immediately be reached for comment regarding Silvia’s suspension and subsequent disciplinary hearings.
Silvia has been suspended for five days by Brockton Police Chief William Conlon. That suspension ends Sunday, officials said.
Chief Conlon could not immediately be reached for further comment.
