Case Closed CRIMINAL APPEAL - Devyn Little - Settled

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NiaLiviaus

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Apr 12, 2023
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Username: NiaLiviaus

Select the type of case you wish to file with the court:
CRIMINAL APPEAL

Defendant:
Pepe Silvia [Mactheturtle7#3397]

I. Statement of Claim
On the day in question November 19th 2023, Mr. Silvia was en route to Hayes, the mechanic shop, when an unfortunate incident occurred. He found himself in a collision with a police car while proceeding through a green light at an intersection. The defense firmly asserts that Mr. Silvia was at the wrong place at the wrong time, and the subsequent charges are unjustified.

Aggravated Assault and Battery on a Protected Person:

The defense contends that the charge of Aggravated Assault and Battery should be dropped as there was no violent intent behind the collision. It was a simple car accident that occurred unexpectedly, and there is no evidence to suggest any deliberate aggressive action by Mr. Silvia.

Felony Evading a Peace Officer with Aiding and Abetting Enhancement:

The defense asserts that the charge of Felony Evading a Peace Officer with the Aiding and Abetting Enhancement should be dismissed. While there was an active police chase in progress, the defense emphasizes that Mr. Silvia had no direct involvement in the pursuit. Merely having close ties to individuals being pursued does not make him guilty by association. The prosecution lacks concrete evidence linking Mr. Silvia directly to the pursuit.

Felony Resisting a Peace Officer:

The defense argues that the charge of Felony Resisting a Peace Officer should be dropped due to the circumstances surrounding Mr. Silvia's apprehension. After the collision, Mr. Silvia pulled over in a parking lot, where he was met with gunfire from the officers without any prior communication. In the absence of clear instructions or communication from the officers, Mr. Silvia, in fear for his life, attempted to flee. The defense contends that Mr. Silvia did not pose a threat, did not brandish a weapon, and, given the lack of communication, cannot be deemed to have resisted apprehension with an attempt or threat of physical violence.

II. Charge(s)
P.C. 507Felony Resisting a Peace Officer
P.C. 810Felony Evading a Peace Officer (AAA)
P.C. 203Aggravated Assault and Battery PP

III. Representative
Nia Liviaus [selliee]

IV. Officers Involved
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V. Evidence
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  1. 410 Hamidi Aziz was on swat patrol with 131 Maverick Black and 212 Sebastian Collinsworth. While on patrol, we responded to a call of 10-71 when we arrived, there was a bank truck fleeing from the 10-71s. We chased the bank truck through the city until. 227 Xander Killbourne said he was in a 10-80 with Flow who is a hydra gang member that had a class 3 on his back. We were shadowing the chase when the suspect crashed on Las lagunas near the broken ramp onto del perro fwy. He got out of his vehicle and started running around. There was a black fusilade that tried to pick him up. When he got into the vehicle he was bean bagged out. He proceeded to run from officers and was finally apprehended. A black sultan classic with red underglow showed up to the scene with a broken passenger door to which Flow went into and they started to flee from officers. I Aziz, 131 Maverick and 212 Collinsworth chased the vehicle which crashed hard in the rockford plaza and started to smoke. The sultan swapped and both went into a Nissan 240 sx and both got out. While chasing the nsx a black r35 nismo was behind us chasing us. I don't recall who exactly took a tire on the r35 or if it was missed but we chased it around the city. The Nismo pitted us into the wall and made our vehicle smoke. After about 10-20 minutes into the chase we were driving West on San Andreas chasing the nismo when a silver blue mustang with white rims pitted us into the wall at 100+ mph. He was called code red and we shot him in the parking lot across from pd from burgershot.

VI. Actions Taken
138 Months | $3,500 Fine

VII. Witnesses
The defense does not call any witnesses at this time but holds the right to up until the end of discovery
 
Last edited:
I will be presiding on this case - @NiaLiviaus @Eyrii Let's get this scheduled. Please provide availability as soon as possible for yourself and your clients/witnesses.
 
@NiaLiviaus @Eyrii I will be returning from LOA the week of the 15th. Can we begin gathering availability for this case so that we might get it scheduled sooner rather than later.
 
@NiaLiviaus

Thank you - sounds good.

@Eyrii I believe this fits in with your availability mentioned elsewhere, correct?

If so - let's get this on the books for Saturday, January 20, 2024 at 9 pm EST. We'll be at the main Courthouse across from Garage A.

We'll begin discovery at this point. So both of you please get all of your requested witnesses, any evidentiary materials (photos, affidavits, etc.) onto the docket no later than Friday, January 19, 2024 at 9 pm EST. Failure to do so could result in the evidence requested not being admissible in court. Additionally, I will add that you should both review the evidence submitted above and also below during the Discovery period for correctness. If it is posted here and uncontested before the Discovery period ends, it should be admissible.

If either of you have any questions, please either contact me directly (email is best) or post your inquiry here on the docket.

Thanks,
DL
 
My last case will be the Ryan Platt case as I've previously discussed with Rolf. I sadly will not be able to prosecute this from a DA standpoint.
 
@NiaLiviaus Any update on availability? @Kay any update on your side as well?

I am free most week days after 5:30 pm CST. Weekends I’m more flexible. Except for 2/17 I will not be available until late that evening if at all.
 
Case has been settled for 23k with agreement from both sides.
 
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