Fairfield Couple Convicted of Racially-Motivated Assault

SACRAMENTO—United States Attorney Benjamin B. Wagner announced today that JOSEPH SILVA, 56, and his wife GEORGIA SILVA, 52, both of Fairfield, were convicted today by a jury, following a four day trial before U.S. District Judge John A. Mendez, of a federal civil rights felony offense in connection with a racially-motivated assault. The victim and his wife, an Indian-American couple, were attempting to enjoy El Dorado Beach at South Lake Tahoe in July 2007, when the SILVAS confronted and attacked them in what the jury determined was a bias-motivated assault.

The evidence at trial showed that on the evening of July 14, 2007, GEORGIA SILVA initially verbally confronted the Indian-American couple using derogatory racial and ethnic slurs. When one of the victims attempted to call the police, GEORGIA SILVA assaulted the victim, knocking him to the ground.  JOSEPH SILVA then struck the victim and kicked the victim in the head. As a result of this attack, the victim suffered fractures to his facial bones and other bodily injury and was taken by ambulance to a local hospital.  Witnesses to the incident testified that GEORGIA SILVA also used derogatory language toward another man of Asian descent, unrelated to the victim, and spat at the man. The jury acquitted the SILVAS of a second count, relating to the victim’s wife, who testified that GEORGIA SILVA struck her with a sandal during the assault on her husband.

“Bias-motivated acts of violence will not be tolerated by the people of the United States,” said Thomas Perez, Assistant Attorney General for the Civil Rights Division. “As this prosecution demonstrates, the Justice Department is committed to vigorously prosecuting the federal laws prohibiting violent acts motivated by hatred of minorities.”

“One of the great things about California is the rich diversity of cultures represented in this state. It is one of the most diverse societies anywhere. Upholding the right of all members of our society to enjoy public facilities regardless of race, religion or national origin is at the core of our responsibility at the Department of Justice. Racial violence of the sort engaged in by the defendants in this case is simply not acceptable. The verdict in this case serves as an important reminder that such conduct is not only un-American, it is criminal,” said Benjamin B. Wagner, the U.S. Attorney for the Eastern District of California.

The case was prosecuted by First Assistant U.S. Attorney Carolyn K. Delaney and Civil Rights Division Trial Attorneys C. Douglas Kern and Michael J. Frank. The case was investigated by the FBI and the South Lake Tahoe Police Department.  A sentencing date in the case has not yet been set.