Oahu man pleads guilty in bat beating
By Kevin Dayton
Advertiser Big Island Bureau
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HILO, Hawai'i — An O'ahu man with 25 previous criminal convictions, including manslaughter, pleaded guilty yesterday to assault and burglary charges for using a bat to beat a man in rural Puna last year.
Fred Silva III, 49, was originally charged with attempted murder and burglary for using a bat and a rubber mallet in the attack on an acquaintance in the Fern Forest subdivision in upper Puna on Nov. 24, 2007.
Under the plea agreement, Silva pleaded guilty to second-degree assault and second-degree burglary, and faces up to five years in prison when he is sentenced by Hilo Circuit Judge Glenn Hara on Dec. 11.
According to police, Silva had been released from prison shortly before the Big Island attack, and was visiting family on the Big Island. Silva's 25 previous criminal convictions include manslaughter on O'ahu in 1989; spouse abuse in 1984; third-degree assault in 1983; first-degree assault in 1991; and felony drug charges in 2000.
Despite that criminal record, prosecutors agreed not to seek extended prison terms or consecutive sentencing for Silva when he is sentenced in the new Big Island case.
Puna police and medics were summoned Nov. 25, 2007 to Kaleponi Drive by a friend of the injured man who found him crawling on the roadway, looking for help.
The man had multiple head and body injuries, but was conscious and able to tell police details of the attack and the partial identity of the attacker. He said he was awakened by a man who entered his tent and attacked him with a rubber mallet and a baseball bat.
Silva told Hara yesterday he went to the area of Fern Forest where the man was living in a tent, and "we started fighting." According to Silva, he was struck with the mallet, and "had no choice but to grab it."
Deputy Prosecutor Mary Ann Hollocker said Silva struck the other man with the mallet and bat, breaking the man's ribs and one leg, and opening a scalp wound.
Reach Kevin Dayton at kdayton@honoluluadvertiser.com.