David DeSilva Sentenced To 14 Years In Prison

December 14, 2012

Today [Dec 14] David DeSilva was sentenced to 14 years in prison for killing his ex-wife, and the Court ordered he must serve half that time [7 years] before being considered for parole.

He previously pleaded guilty to manslaughter and admitted to killing Denise Evans-Wilkinson, whose body was found floating in the waters off the Mill Point Road area in April 2011.

Crown Prosecutor Rory Fields had recommended a sentence in the range 12 -14 years. In a Victim Impact Statement read out by Mr Fields, one of Ms Wilkinson’s children had written that the manner of loss of her mother had left her such that she could no longer go swimming.

She wrote that she had nightmares about her mother’s body floating in the water and that because of the time of her death, her mother had missed her graduation. Another daughter wrote that she had suffered a breakdown and that a part of her had died with her mother. She wrote that she now suffers from insomnia.

Defence lawyer Marc Pettingill, speaking in mitigation for the convicted man, told Justice Charles Etta-Simmons that this was a case of manslaughter that took place with both the victim and Mr DeSilva in a state of drug induced intoxication. Mr Pettingill did not request or recommend a sentence shorter than the 12 – 14 years recommended by the Crown.

Ending his submission, Mr Pettingill offered this closing comment: “David DeSilva accepts that he has to be punished.” Mr Pettingill went on to describe how Mr DeSilva’s family had always stood by him and offered assistance to him. During this part of Mr Pettingill’s submission, from the public gallery in the courtroom, the sounds of crying became just audible.

Asked what he had to say, dressed in his orange remand sweatsuit, Mr DeSilva stood in the dock and in a quiet voice said: “I was pretty messed up on alcohol and drugs for a long time. I am very sorry.”

Mr DeSilva entering and leaving court this morning:

Justice Simmons handed down a sentence of fourteen years stipulating that at least half of that sentence must be served before he is considered for release. The Justice also ruled that Mr DeSilva must undergo Anger Management courses whilst in prison. Time spent in custody is to be taken into account.

The Court heard earlier 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 DeSilva initially denied having anything to do with her death, but later admitted that he was high on drugs and that he could not remember much of what happened that night.

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

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Comments (57)

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  1. Bermudian says:

    This sentence is a joke this wasnt manslaughter it was out right murder. Why did they take that plea? They had the evidence, now your telling people you can go and kill. 14 years what a joke.

    • Your joking says:

      And yesterday a drug smuggler got 15 years….the system is screwed

    • Terry says:

      I must agree Bermudian.
      Just wanted it off the docket and move on with the backlog of case.

      Three Judges is what we need.

      • Justice NOW says:

        Three judges is no guarantee of justice (just ask some of the individuals who have appeared before the Court of Appeal).

        The DPP Rory Field should be made to explain why a manslaughter plea was accepted – why wasn’t this MURDER?

        There is too much injustice on this island. Look out for a new group to be announced soon to provide a voice and forum for those who feel that they have been or know of victims of injustice.

        Condolences to the family of the victim.

      • Webster says:

        Terry, three judges is what we need for sure…. this guy Desilva needs to be put away for life,what was this judge thinking ?

    • Just One says:

      Sad case of drug addiction and murder. Sad case of justice, too… should be at least 20 years, wow…

    • Out of flight says:

      Rebecca Middleton’s lawyer got this plea. who was he?
      Your next AG.

    • And out in 7?? For murder?? What an unfunny joke this system is. Judge Senile needs to step down.

      • Webster says:

        Bermuda Girl ,this judge needs to step down…enough is enough.

  2. Aware says:

    He be out in 7

  3. You cant be serious says:

    I can not believe that they only gave him 14 years for killing Denise, but yesterday the judge gave the guy 16 years for drugs. wow you get less years for killing someone. Obviously the judge didnt think of Denise and the horror and fear that she went thru when she was murdered or her family. Only in Bermuda.

  4. rme says:

    if he was black he would be doing life 25 to 30!

    this country is stupid AF! why is drugs more of an offenses than taking a life . . .

    • sad says:

      i had a feeling i would come on here a see someone bringing up race. smfh. Considering the judges are black i doubt that had anything to do with it. I really wish people would leave race out of things…..one of the reasons why politics is so F’d up in Bermuda.

      • WhistleBlower says:

        Why you equate the previous statement to the state of politics is beyond me
        1. Even if the judges are black one only has to go back in BERMUDAS history of SENTENCING on WHITE CONVICTED CRIMINALS VS those of BLACKS to understand why ME makes this comment
        2.CLEARLY you have brought RACE into this also because you COMPARE how “F’d” up politics are in Bermuda claiming RACE plays a part in it!!
        3. Archive news STORIES of those found GUILTY and SENTENCED and you will UNDERSTAND the FRUSTRATION some FEEL!!!

    • Webster says:

      rme, I agree with you…. but who was the judge ? check out her sentences dealing with drug offences. I think Desilva should have had life with no parole he is the scum of the earth.

    • Webster says:

      Ask the black judge….why she gave him such a light sentence…
      this guy should be locked up for ever…to think he might only serve seven years !!!! he killed his ex wife !!!!in the most horrible way you could imagine !!and he may just serve seven years !!!something is wrong here….

  5. B.S says:

    WOW

  6. down de road says:

    Are we the only place in the world where you can kill someone and spend only 7 years in prison?

    You may not be free to go out, but our prison offers free education, free gym membership, free cable tv, free medical treatment, free insurance and maybe not free (but easy to come by) drugs!

    Am I missing something?

    If I did not have morals, a good work ethic and ambition, this looks like a good place to hang out for a while after murdering someone!

  7. down de road says:

    Oh yeh…and free food. In Bermuda that’s no chump change!

  8. Unjust Realities!!!! says:

    All I can say is WOW!!! Importation of drugs gives you more time in jail than a cold blooded and calculated murder of a human being!!!!! Let’s see if the Coalition for the Protection of Children chimes in on this one. And we wonder why we have so many angry children amidst our society in Bermuda!!!! Rest in Peace Denise.

  9. JustMe says:

    WTH is wrong with the system in Bermuda come on times have changed!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

  10. Compassion says:

    THIS IS RIDICULOUS!!!!!!!!!!!!

  11. The system is a joke!! says:

    14 years!!!!!!!!!! This is disgusting!!

  12. As Bermuda sinks! says:

    Something really wrong here…… our justice system needs changing.

  13. edwin says:

    Look who the lawyer was.Second time around.

    • Webster says:

      Edwin, refresh my memory who was the lawyer ? if it who I think it was and is he running as an O.B.A. candidate ?

  14. JustMe says:

    And the judge is ok with this really….. no heart!

  15. hmmm says:

    he pleas guilty these guys are out here pleading not guilty & gettin more time! come on na! smh

  16. Verbal Kint says:

    Look into who has regulation and oversight of the courts and lawyers in Bermuda. The real, practical answer is NO ONE. The courts and the lawyers are answerable only to themselves. Time for the people to take back control of what is rightfully theirs.

  17. vexxed says:

    He should have been sentenced to death. ALL of those who have taken a life. I’m tired of our tax money paying for them to get educated,eyes examined & dental work done. I’m working and I don’t have those things. What’s wrong with this picture.

  18. Denise's Daughter says:

    Well aint this an f’d up justice system… REST IN PEACE MOM.

    • Bernews says:

      Just want to express our condolences to you and your family…

      • Webster says:

        I also. want to express my condolence to you Denise. the present system sucks.

    • Verbal Kint says:

      I’m so sorry. Your mother and your family deserve better.

  19. Malachi says:

    So what does one have to do to get life – kill a dozen people?

    There’s really something wrong with our judicial system and maybe the next government will make the required changes. It seems, however, that common sense rarely prevails in this country.

  20. Have we all forgotten how much time the two did for murdering Rebecca Middleton. Why does our justice system not make these people do life!!!

  21. M.P.Mountbatten JP says:

    Dirty DOG ! This is why I detest drugs …

  22. Cross+Roads says:

    Westgate Mens Club = no fear of going to prison ! Soft judges don`t help either. Been going on for donkeys, Won`t change untill the prison changes. In saying that he should be doing 50 years for what he did.

  23. Bullseye says:

    I only had to read a few responses to see everyone is in agreement that this sentence is too short.

    This man is dead weight on our society. I would give him no time at all and forget about him. It would be a swift goodbye.

  24. Outrageous says:

    This judge has just given everybody liscence to kill. Only in Bermy do you get more time for drugs. It’s been a long time coming but change needs to come now. This is a slap in the face to her family and friends.

  25. Nitty Gritty says:

    LOOKS LIKE WE ALL AGREE.
    Too bad we get no say in this fine democracy of ours.

  26. Blessed One says:

    This is insane. What makes him so special from all the others who have taken someones life. Were is the justice what type of message does this send out. From the begining they never showed his face on tv or the newspaper. But as soon as a brother murders soneone their face is plastered all over the media.

  27. swing voter says:

    I guess we all need to learn from this situation and encourage our children to make better choices in life. I’m sorry for both families, Ms. Evans didn’t deserve to die like that. Mr Desilva doesn’t deserve to live much less live at the taz payers expense.

    does anyone remember Becky Meddleton? Please encourage your children to make better choices in life. There are evil and very sick minded people on this island

  28. Oh Please says:

    Why oh why do people have to bring race into everything? OMG!!! Is has nothing to do with race COME ON MAN!!! The DPP needs a serious reviewing. Why the Hell did they plea bargain with something that was an out right murder. WTF is wrong with these people. You wanna go marching down the street in protest for nonsense. We’ll this something worth while to protest about. There’s no Justice there’s Just-Us. They should do like they did way back turn him over to her relatives let them deal with him. Now that’s justice. And I don’t wanna see anyone reply with the Anarchy BS…

    • TJ says:

      Trust me race has more to do with alot of things that happen in Bermuda than we care to admit, but I also agree that DPP need to serious change alot of their processes.

    • dthtoo/ says:

      IT HAS EVERY DAMN SINGLE THING TO DO WITH RACE!

  29. Z says:

    Is there such a thing as LIFE in prison on this island???? All of these sentences are a joke!

  30. SMH says:

    Can the government not step in on the Judicial System?

    Another Case where a drug importer gets more time then a Murderer! Only in Bermuda

    TIME FOR CHANGE

    VOTE OBA

  31. Unjust Realities!!!! says:

    Still waiting on the Coalition to make a statement . . .this woman had children, one of which was but 17 years old when this occurred and has clearly described the hurt and nightmares that she still faces to this day. Denise’s children are just as much victims as was their mother . . .why isn’t Sheelagh Cooper and her crew calling for an appeal or injustice the way they have done with other cases.

    To Denise’s children – as hard as it may be, stay strong, cherish the memories of your mother that you have, do well and make her PROUD!!!! She will always be looking down on you!!!

    • dthtoo/ says:

      You haven’t heard from Cooper and her cohorts because she really doesn’t give a damn about Blacks.

  32. Can't belive it says:

    He gets 14 years and guys are getting 25 to 30 for gang violence murders. While i am totally against gang violence, at the end of the day, murder is murder and all should be treated the same. Lucky there wasn’t a riot because of his extra light sentence! He should be serving 25 to 30 years!

  33. Just Me says:

    What an outrage!!! The judge ought to be flogged!! He committed the most heinous of crimes, and all he gets is a slap on the wrist… He is lucky that he is not in a country like Pakistan or India,,,off with your head!People in those countries get stoned to death for committing adultery…What in the world was this judge thinking??????

  34. dthtoo/ says:

    If it was a BLACK man who killed a white woman he would have gotten life without parole. This Black/White – White/Black divide, whichever way you cut it, is here to stay as long as both remain on the planet. To Black men and women: touch not, handle not, taste not that which is White for by doing so you will bring hardship and destruction upon yourselves.