Judge Finds Sufficient Evidence to Set Trial for Man Who Allegedly Evaded Police, Drove against Traffic

By Alex Jimenez

OAKLAND, CA – Alameda County Superior Court Judge Kimberly Colwell here last week said she found enough evidence to hold Brandon Silvas for trial after hearing peace officers testify about a pursuit where the suspect managed to briefly evade them before arrest.

Silvas is facing several felony charges, including first- and second-degree robbery as well as evading an officer against traffic and willfully evading an officer.

The question the court sought was the identification of the driver of that vehicle and whether or not the suspect willfully evaded police.

One of the responding police vehicles was able to confirm the license plate in question and proceeded to follow it. The driver began to head westbound on the highway and the officer confirmed that her partner had turned on the sirens and police lights.

At some point the driver made a motion as if he were headed toward a certain direction but then made a hard turn according to the officer, adding, “The Ford then drove eastbound and then turned out and traveled on the wrong way on the Foothill,” said the officer.

At the end of the hearing, the unnamed defense attorney asked the court to discharge the first two counts of evasion due to lack of evidence.

The defense argued the officer had a total of five seconds to observe the driver in the dark, because the incident occurred early in the morning, adding, “We have no concrete evidence that she (the officer) actually saw this person that fits a description.”

The prosecution countered that the officer had seen the driver on two separate instances and was able to make a description on the police report, further noting the driving patterns observed on a different occasion.

“Based on the totality of the evidence I received today on the officers explicit statement that she saw Mr. Silvas and based on the standard that I apply to a preliminary hearing I will hold him to answer on all counts,” said Judge Colwell.

An arraignment is scheduled for April 21; trial setting will probably happen at that time.

About The Author

Alex Jimenez is a 4th year politcal science major at the University of Calfornia, Berkeley. He has future aspirations to attend law school and is from Pleasanton, Ca.

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