David DeSilva’s Sentencing Postponed Again

November 26, 2012

David DeSilva appeared in Supreme Court [Nov 26] where he was due to be sentenced after pleading guilty to manslaughter in the death of Denise Evans-Wilkinson, however his sentencing was postponed again.

After a 30 minute delay while legal arguments were made, Justice Charles-Etta Simmons ruled that she would proceed with the sentencing hearing, however the full hearing was not completed and was adjourned until next month.

The Court heard that Mr DeSilva had admitted to killing Ms Wilkinson, whose body was found floating in the waters off the Mill Point Road area in Pembroke in April 2011.

Rory Fields told the Judge that Ms Wilkinson’s body had been found in the water and her feet were bound by a part of a tablecloth. Medical examiners determined that the cause of death was strangulation, her neck had been fractured, and a gold necklace had been stuffed down her throat.

Mr Field went on to tell the Court that on being questioned by Police, Mr DeSilva initially denied having anything to do with the death of his ex-wife, but later admitted that he was high on drugs and that he could not remember much of what happened that night.

Mr Field also spoke on other matters to do with DNA, and said that text messages had been sent from Ms Wilkinson’s cellphone some time after her death and that this indicated an attempt at concealment.

Mr Field said that Mr DeSilva, 47, had a record that stretched back many years; with the most recent offence being that of a conviction for the possession of drugs equipment in 2011.

The Victim’s Impact Statements were not read out, however Mr Field said that the statements indicated that Ms Wilkinson was a well-loved mother, and that she pre-deceased her mother and a sister. At 4:15pm, the sentencing was adjourned and the matter was set to be picked up again in December.

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Comments (61)

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  1. Kathy says:

    Sick! Just sick!!!

    I am taught by my religion to forgive, but this is beyond disturbing!

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  2. Unjust Realities!!!! says:

    Soooo . . .back to the comments that were posted when it was revealed that the DPP had struck a deal with this maniac . . .HE STRANGLED HER - STUFFED HER GOLD CHAIN DOWN HER THROAT- TIED HER FEET UP WITH A TABLECLOTH - DUMPED HER BODY OVERBOARD - AND THEN CALLED HER CELL PHONE TO CONCEAL HIS CRIME . . .and the DPP accepted a DAMN plea bargain!!! Straight up and for real . . . if this was an average black male, there is no way that the DPP's office would have even considered a plea bargain!!! I don't care who his lawyer and/or his mother is . . .this man is a cold blooded murderer!!!!!!!!

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    • BermudaLove says:

      Why must you bring race into this? lol... you must be black..

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      • Unjust Realities!!!! says:

        Does it matter . . .let the past cases of this sort speak for themselves!!! Rather than worrying about my race, worry about how the HELL this could have happened!!!!

        Oh and for the record . . .No I am not BLACK!!!! How you like them apples!!! I can see past injustice outside of my race!!! WOW!!!

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        • Finally Left... says:

          well... it happened with the middleton case... plea bargain there too eh?

          So perhaps its not as racial as you think

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          • Unjust Realities!!!! says:

            Do you really wish to go there . . .first of all, the DPP rushed that case for a conviction and the persons involved were smart enough to play the system and both got off. Had the DPP taken their time they may have sealed a conviction. Nor did any of them admit their guilt . . .get your facts correct . . . and the DPP didn't offer a manslaughter charge on either of the accused in such a hurry as they did this case. That case costs us the taxpayers quite a bit of money for errors . . . so yes it is about RACE!!!

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            • Finally Left... says:

              lol fine... but damn im glad i dont have lifes negative outlook like you..

              prob think me throwing away burnt toast is racist.

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              • Unjust Realities!!!! says:

                Typical . . .can't accept the truth so you resort to personal antics . . .I won't engage you in the same . . . I could care less what you do with your damn toasts as long as your not killing people and discarding their body and getting a manslaughter charge.

                And by the way the JUDGE not the DPP sentenced the firfighter . . .he was charged with sexual assault!!!! Before you go shooting your mouth off in attempts to be funny or sarcastic remember the golden rule . . .It's better to be thought a fool then to open your mouth and remove all doubt!"

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            • Unjust Realities!!!! says:

              Correction . . .the plea bargain they gave one was to get the other . . .a failed attempt!!!!! Blame the DPP for that error too.

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            • Finally Left... says:

              peadophile firefighter? he was black and got a slap on the wrist..

              in fact im pretty sure there's a huge uproar over the last few years of people who have been convicted nad had less than minimal sentences... adn they were black... but thats irrelevant?

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            • Back to Life, Back to Reality says:

              Sooo...there is no way the DPP rushed THIS case? So the individuals in this case are not "smart enough" to plea bargain? Were you in the room?

              Fact is there was DNA evidence? The end result was a dead innocent girl, the two involved walked free. At least this guy will get time!

              By the way, just curious and Im asking because I honestly don't know. Are te DPP players white? Police Officers involved white? Judge white? Im guessing based my experiences in Bermudas courts - statistically the answer to most (if not all) of these questions is no. So perhaps you should complain that Bermudas Court systems are not a true reflection of Bermuda Demographics.

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      • Get Ready says:

        Because , it is the truth!!!!!

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        • Unjust Realities!!!! says:

          Thank you Get Ready!!! People constantly trying to run from the truth and what it really is . . . race and socio-economic status rule much on this island!!!

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      • Moms gingerbread says:

        I'm black and race has everything to do with it!!! Lke Unjust said, if he was BLACK this wouldn't even e considered. SMDMFH

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        • Finally Left... says:

          as said before...the middleton case has a plea bargain.. and he was black.

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        • Webster says:

          Gingerbread, blame it on the judge (who is black )

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      • B3rmud!@N says:

        Because it's the truth and you must be white......

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      • frank says:

        because that is the truth this was not acidental death this was murder and no dam deal should be maid for him okay, family must belong to one of those wicket lodges

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      • Richard says:

        How long have you lived in BDA if it not Race it where the person is from lol

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    • Soooooo says:

      I agree, the plea bargain was on the low side...not that this is an excuse, but, a trial would have cost the people of Bermuda millions, and IF (with jury's here who knows) his is convicted we'll be stuck paying for him again....

      At least this way we only pay for his stay at the big hotel up west...

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    • Finally Left... says:

      plea bargain was brought up in the middleton case, no?

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      • Soooooo says:

        Well, to have a plea bargain the accused has to admit that he did the crime and there is no appeal afterward. In the Middleton case there was no chance of one. As much as I wish the outcome of that case was different, that's why we have juries, they do make mistakes (just as everyone does). Yes the police, dpp and AG made mistakes... Mistakes that they have learned from. So hopefully they won't happen agin!,

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    • Back to Life, Back to Reality says:

      Have you seen some of the cases that have been thrown out lately. Open your eyes and you might be surprised by what you see. And Im not even talking about Rebecca Middleton case!? Scan the papers over the last year or two and you might be very surprised at the skin color of many that have walked free recently. Perhaps you suffer from selective memory. Its a shame that some people still think like you do. I too am upset at the way this case was handled as I have by many recently. However, my displeasure was not a result of the color of the skin of the defendant or victim!

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      • Unjust Realities!!!! says:

        And when you go back and scan the cases where they have walked free, the DPP's office has gone for the most extensive conviction and unfortunately were unable to prove their case beyond a reasonable doubt .. . .but let's be real clear here . . .he has now, once trapped and knowing he will not be charged with murder admitted what he done . . .at the end of the day he doesn't have any diminished capacity . . .he was very ware and went to great lengths to conceal his crime. Had she not floated to the surface he would have never admitted anything. This just goes to show that Karma is real, becasue wherever he dumped her, she came right back to haunt him.

        Read the earlier postings on this case, one comment stated he was prepared to do 30 years according to a close friemd of his, but his mother and lawyer plea bargained . . .guess he's always been rescued by his mother.

        While I am totally disgusted by the DPP's rush to get a conviction instead of taking their time to apply the correct charges appropriate to the crime, we cannot erase the race factor for the following reasons:
        1. Everytime a serious crime occurs, the media spalshes these young balck boys all across the news and the papers (not that I don't think they should be), but when the tables are turned, there is either no picture (the guy accused of killing his aunt) or there is an old picture like the one displayed here.

        2. The Bermuda Sun went into great detail to talk about his accomplishments and what he did and enjoyed . . .I don't see anyone documneting the life chronicles in any positive manners when its a black male. I don't give a damn if he was in sports illustrated or operated his daddy's boat, or how nice he was . . .he is a crackhead like all the rest and a damn murderer.

        We get sooooo upset when we hear family and friends talking about how nice a murder victim was while the paper tags them as gang members, or how nice an accused was while the media calls them murderers and here we sit and see this cold blooded murderer painted like he's a victim of some sort because he chose to start getting high and murder someone's child, sister and mother. . ..REALLY!!!!!

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        • Bernews says:

          As a note to clarify your comment about our "old photo", we often use file photos for people of all races. And not just Court, we use file photos for sports, business, politics etc.

          As a small business, we can either spend our resources getting 10/20 photos of the same thing or we can get a wider variety of photos [sports/parades etc] and use file photos when able. We go for the variety...

          That said, we actually did have a photog there today since we thought he would be sentenced, however DeSilva had his head down. So rather than show the top of his head, we used the ones from last week as they show his actual face...

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          • Unjust Realities!!!! says:

            Thank you Bernews . . .but my reference to the media wasn't really about you all at all but more so the Royal Gazette who seem to be very selective in who and what they report. I will be more specific in the future.

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        • Back to Life, Back to Reality says:

          Im confused by yur comments. HIS face IS splashed all over the media so how is he different??? Its simple really - don't want your face in the paper or onn electronic media - don't committ a crime!!!! That goes for you me and everyone else out there.

          I believe what they were trying to show in the Bermuda Sun article is how someone with a bright future threw it all away for drugs! And just so you know the same has happended in the past with many others. People love to read a story about the rise and fall of people! And if they are famous, wealthy or rich we become more interested in te story. Sick but true!

          I agree that we have a problem with consistancy in the court rooms and sometimes it is true of the media as well. But I do not agree that it is so one sided as you might think. I think you might be surprised at what you will find, if you look back at the Royal Gazettes articles.

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    • Unjustice says:

      I agree with you 100%, if he is not a cold blood murderer, then he is nothing. Clearly he murdered her, how could they accept his guilty plea to the lesser charge of manslaughter.Oh I forgot he said he didn't mean to kill her, and they just take his word.

      Um heard it all

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  3. BermyDude says:

    Kill the b#$tard!!

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  4. Real Talk says:

    It's sooo sad what happened to Denise. No matter how she lived her life no one deserves to be treated that way. I want to know how in the hell did this murderer get bail, while he waited for his trial to begin. That puzzles me!!!!

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  5. Webster says:

    Let us see what charles- Etta simmons comes up with in dealing with this murderer , check out some of her rulings dealing with drug convictions...David Desilva should be hanged...and the sooner the better.

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  6. M.P.Mountbatten JP says:

    This is why I detest drugs .

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    • Unjust Realities!!!! says:

      Agreed drugs serve as a detriment to us all, however as with everything in life there are choices . . . he chose to use drugs, he chose to commit murder and he chose to conceal it . . .either way we add it up, he is a Murderer!!

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    • Back to Life, Back to Reality says:

      I agree bud. We have all been affected.

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  7. Aware says:

    He's got the Complexion, for the Protection for the Collection

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  8. G.Lopes says:

    THATS ONE DESILVA BIE! NOW THEY NEED TO TAKE THAT JUSTIN DESILVA BIE UP THERE TOO! ----

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    • real n#$ga says:

      You needa ----, wishing jail time on another mon, y u don't do something about it? Cause ya a ---

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    • real neega says:

      Want another mon go jail. Worry about ya self,, hide behind this comment and pray ya sissy,,

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  9. 1minute says:

    It is not about race... The DPP just wants a quick conviction, even if it is for a lesser charge. It is better to convict someone on a lesser charge, than spend weeks in court and take your chances with the jury.

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  10. Good morning Bermuda. To all those calling to kill him n hang him. Please remember we do not have the death penalty ...

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  11. diva says:

    Oh for heaven's sake, SHUT UP ABOUT RACE! And comparing this case to the Middleton case is comparing apples to oranges! What matters is a female's life was brutally snuffed out. And no matter how she lived, where she hung out or what she did gave that animal no right to do what he did. She had family. She had children. She was a HUMAN BEING! And that man should NOT have been given the opportunity to plea to manslaughter. It was a premeditated act. She didn't tie herself up. He did that! Our Court System needs a serious renovation, some of the judges need to go, and it's time the public demanded it!

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  12. Seriously Concerned says:

    A White man killed a Black woman how could it not be about race. If it was a Black man who killed a White woman then what.... Yeah no more needs to be said and FYI I am mixed white father black mother. They need to give this man a piece of his own medicine. A family has lost their loved one and what he did to her is beyond disgusting.

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  13. SMH says:

    I saw this man in the community about a month or two ago walking free with his ankle device. As soon as I saw him out , I knew right then and there he has a chance of getting off!

    The justice system always fails us Bermudians no matter what RACE COLOR or CREED you are!! Snap out of it People as I have seen enough people get of for crimes that are Black and White.

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  14. SMT says:

    Guess it's postponed cuz at least he didn't shoot her right?? This is ridiculous. The DPP should be ashamed for even allowing this (insert rude word here) to plead to manslaughter

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  15. tfrm says:

    It is utterly ridiculous - you have allowed people to put racism in your minds like a disease. You don';t actually allow yourselves to get past it. It is the black people that continue to perpetuate this attitude and way of thought. I can tell you that I am not racist in the elast on the contrary, I am on the receiving end of racism day in and day out from black people. You are the only ones who are continuing racism in the year 2012!!! You have become submissive to a government whose plan is distruction of out society. They knew that by breeding racisim back into the minds of black bermudians this was THE ONLY was they could secure a vote! Look at what is going on - it is riduculous for one to blame everything or bring everything back to race. Get it through youre head - you are the only ones who are keeping racism alove - you see racism when it isn't even there. PALEASE!!!! I am so sick and tired of hearing Oh....this and that because he is white.....this and that because he is black!" YOU MAKE YOUR OWN LIFE!!! Stop looking for soemthign so negative that isn't even there! SO SICK OF THE RACE CARD I ACTUALLY WANT TO VOMIT AT THE IRGNORANCE WHO YOU THAT BLAME ALL ON THAT!

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    • Aware says:

      Your just one person with one perspective, I can almost guarantee racism effects blacks a lot more then white folks,racism will alway be here because it was the whites that started it in their thinking that blacks aren't human

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  16. Really?? says:

    "Aware", Are you serious whites started racisim? Hatred for different ethnic backgrounds started at the beginning of time goes beyond black and white. Same goes for slavery, whites didn't start it either. Go read a world history book because you sound like a real fool. P.S. I'm not white before you start going on some rant about that.

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    • smh says:

      I agree @ aware

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      • Aware says:

        The point is what race has been put thru more hardships & oppression then blacks and jews, I read that whites promised a new life for the africans that were taken to america to become slaves, history has been distorted so many times i.e in the 18th&19th century primary school children were taught what we learn in college & highschool today

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        • Come Correct says:

          Did you just agree with yourself under a different name to prove your point?

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        • Come Correct says:

          Did you just agree with youself under a different name to prove your point?

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          • Come Correct says:

            Sorry for the double post, comments weren't showing up.

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  17. Know DAT says:

    Can Somebody please explain to me how this clear case of Murder!! Has been put down to a manslaughter charge?!?!?!????
    Because I just don't get it!!

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    • Scorpio Smith says:

      It might be that the requisite intent for murder would be hard to prove if he was out of his head on drugs. His actions after the murder show his intent to cover up - which is an offence as well. Manslaughter still means he caused the death..... I can't get over the bloodthirsty-ness of you lot.

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  18. If this creep was mindful enough to wrap Denise's poor body and throw her overboard then call her cell phone, he was NOT "too high" on drugs to remember! He is full of s___t!! Manslaughter??? This was cold-blooded MURDER. What is wrong with this system? What are you telling the youths??? BTW, in case somebody cares, I am white and furious.

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  19. dinosaurmedia says:

    That was an exhausting read...

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  20. Aware says:

    Lol yes I got caught point still remains as so

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    • Come Correct says:

      Ok well, while I respect your opinion, you ask who suffered like blacks and jews? The Irish to name one. Injustice is a huge part of the worlds history, HUMANS of all kinds have commited attrocities on others because they were different. The crusades of the Templar knights are in a league of their own, gladiators were enslaved from all parts of Europe, Asia, and Africa to simply entertain the people of the Roman empire. Some blacks were sent back to Liberia after the abolishion of slavery only to go back and enslave their own. The story of the Irish slaves is hardly ever acknowleged because most of them never made it back to tell their story. The world we live in today has literally been built with the blood sweat an tears of slaves, and it was wrong, but the thing is, at what point do we let go of revenge? At what point do we stop pointing fingers and demonizing eachother? At what point do we put aside our differences to work for fairness and equality for ALL? Then the next question is how? It all comes down to an individual mentality and the passing on or teachings of these mentalities. By laying the blame, continually hating others different than us and seeking some sort of restitution or revenge, essentially we are no different than our primitive thinking forefathers. Ghandi said "Be the change you wish to see in the world", this doesn't mean you have to constantly fight for justice but you can simply do your part by not accepting injustice. It will take all of us, together. Whether this is even feasable, I don't know, I hope it is because it depresses me to think there will be no end to the constant hate of those that are different by appearance. At what point does this end?

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