newstimes.com
John Pirro, Staff Writer
Updated 02:17 p.m., Wednesday, January 11, 2012


Danbury businessman Joseph DaSilva Jr. talks with his defense attorney, Gene Riccio, in state Superior Court in Danbury Wednesday Jan. 4, 2012, the first day of DaSilva's trial on charges that include manslaughter.

DANBURY -- Joseph DaSilva Jr.'s lawyer said Wednesday the prosecution should be charging either first-degree manslaughter or first-degree assault, but not both.


Defense attorney Eugene Riccio argued that trying the 52-year-old New Milford man on the two charges, both stemming from the November 2009 alleged beating and subsequent death of Luis Encalada at DaSilva's Town Hill Avenue apartment building, amounted to double jeopardy.


"We are talking about the same offense...The state should pick one or the other," Riccio told Judge Robin Pavia.


Pavia didn't rule on the motion, but will make a decision before a jury begins hearing testimony in the trial, which is now expected to start next Wednesday .


Several other defense motions, including a bid to suppress a statement that DaSilva allegedly made to Danbury police detectives, will be argued in court later today.


DaSilva is accused in the death of Encalada, an undocumented immigrant from Ecuador who DaSilva found trespassing in the apartment . Police said the landlord assaulted Encalada and another man who had spent the previous evening in the apartment, then kicked them down the stairs.


Encalada later died at Danbury Hospital of internal injuries.


The other man, Rolando Macias, died accidentally several weeks ago when he choked to death at a local restaurant. A third-degree assault charge against DaSilva was dropped after Macias died.


Macias was expected to have been a key witness for the prosecution during the trial.


Earlier Wednesday, a Newtown man who works as an executive recruiter was selected as the ninth and final member of the jury, which consists of six regular jurors and three alternates.


Contact John Pirro at jpirro@newstimes.com or 203-731-3342.