NEW ROCHELLE, NY (January 2, 2023) — A New Rochelle man was arraigned Friday in New Rochelle City Court before Judge Eileen Songer McCarthy. The judge appeared virtually because, she said, she had tested positive for COVID-19.
Daniel DaSilva, 56, of New Rochelle, NY was arrested Wednesday evening and charged with Reckless Endangerment after he fired a shotgun through a wall connecting to an occupied apartment in downtown New Rochelle. The adjacent apartment was occupied by 2 adults and a small child when the shotgun was discharged.
A charge of Criminal Mischief was added for the damage to the wall.
Arrest & Charges:
Daniel DaSilva, 56, of New Rochelle, NY
- Reckless Endangerment 1st Degree, a D Felony
- Criminal Mischief—3rd (Damage Another Person’s Property-Amount > $250)
In court on Friday, DaSilva, wearing a Lippolis Electric sweatshirt and dark pants, was represented by a Legal Aid attorney. She did not offer a plea on the felony charge and pleaded not guilty on the misdemeanor charge.
Judge Songer McCarthy issued a TOP for the building owner and the tenant. DaSilva was allowed to return to the apartment one time under police escort to remove his personal belongings.
DaSilva was ROR’d. He is due back in court on Wednesday, January 4, 2023, for a proffer hearing. He has another court appearance on Friday, January 20, 2023.
Police narrative: On December 28th, 2022, at about 6:24 pm, New Rochelle Police responded to Apartment 1 at 2 Lawton Street on a report that a gunshot was fired inside an apartment and went through an adjoining wall and had entered another occupied apartment. There were no reported injuries.
Upon arrival, New Rochelle Police Officers and Detectives secured the area and made attempts to contact the resident of the apartment where the shot originated. After a short time, verbal contact was made with the sole male resident of the apartment, who eventually exited and was taken into custody without incident.
Police obtained a search warrant and removed a .7 mm Luger rifle, according to a police officer present at DaSilva’s arraignment.
Felony Complaint narrative:
The incident occurred at 2 Lawton Street, Apt. 1 in the City of New Rochelle, on or about December 28, 2022, at approximately 05:20 PM. The apartment houses multiple tenants.
DaSilva was alone in his apartment when his shotgun was discharged, firing a round through his bedroom wall, and into the neighboring adjacent apartment, apartment 2, causing a hole in the wall of apartments 1 and 2.
The damage to the wall in apartment 1 and apartment 2 exceeds two hundred fifty dollars.
Building Owner deposition:
Identifying information was removed.
On 12/28/2022 at 5:25 PM I got a phone call from my restaurant, I spoke to my employee, who called to say a tenant from my building at 2 Lawton Street Apartment #2, New Rochelle, NY came to the restaurant to say she heard a loud bang in her apartment and could I go to her apartment to see what happened. I was driving home on North Avenue near Coligni Avenue when I turned around and drove to 2 Lawton St. I went to apartment #2 and saw a hole in the wall in the apartment hallway with sheet rock pieces on the floor. The hole seemed to come from Apartment #1. I went and knocked on Apartment #1 door and the tenant, Danny DaSilva opened the door and I said, “What’s going on to Danny are you doing any construction”. Danny let me inside his apartment and said no. I asked Danny if I could go look in his apartment and he said yes. I followed the wall that is side by side to Apartment #2 but did not see a hole in the living room. I walked into the bedroom and had to close the door to see the wall. When I closed the door, I saw a green snowboard leaning on the wall. I moved it and saw the hole which went into Apartment #2. I looked at Danny, who was inside the bedroom with me, and said, “what are you doing”. Danny did not say anything. At the same time, my hand is coming off the wall and apparently, I hit something that was leaning on the wall. I looked at it, picked it up, and it was a small shotgun. I said to Danny “you cannot have this in the apartment do you have a license” Danny said “I am a hunter and I have a license”.
EDITOR’S NOTE: New York State does not require a license to own a long gun (shotgun, rifle).
I walked with the shotgun facing it to the floor and said I’m calling the Police and tried to walk out of the apartment with the shotgun. Danny was following behind me, and I got as far as the hallway outside his apartment near the stairs. I am the super as well as the owner and picked up garbage bags to take with me when Danny reached to my right hand where I was holding the shotgun and pulled the shotgun out of my hand. Danny started cursing at me saying “You know my brother Adam and my brother George but Fuck you, Fuck you. Danny went back inside his apartment with the shotgun and closed the door. I tried to call New Rochelle Police Specialist Jose Hued several times, but he did not answer. I left two messages on his office phone. About ten minutes after leaving messages for Hued, I dialed the non-emergency New Rochelle Police phone number and told them that I had an argument with my tenant from Apartment #1 about a hole in the wall. The Police operator asked more details and I told them about the shotgun. The operator told me to stay in my car and eventually told me to move from in front of 2 Lawton Street and go to the parking a lot at CVS. I stayed there until the Police arrived and told them what happened. While I was waiting with two Police Officer’s a Detective that I now know as Detective Herring came over to me and asked me questions about Danny. I showed him where Danny’s car usually is parked, and we found it.
I want Danny DaSilva arrested for damaging the wall by shooting it with his shotgun. Danny is about a 57-year-old Portuguese-
Columbian American, who lives at 2 Lawton St. Apartment #1 New Rochelle, NY, and his phone number is ——. Danny could have killed the three minors in Apartment #2 with his shotgun. Danny has been living in apartment #1 for about 40 years since he was a young boy, living there with his parents who are deceased now. Danny has an alcohol and marijuana problem. In the summer of 2020, me and my workers were doing construction in the bathroom of Apartment #1. While I was in the apartment, I saw a shotgun shell on the kitchen table. I never spoke to him about it or saw a gun.
Apartment #2 Tenant deposition:
The statement was translated by police from Spanish to English.
At approximately 5:18 p.m. on this day I was in my apartment with my daughter, and my friend when we heard what sounded like a loud explosion. I went to check on my daughter and my friend and noticed smoke in the hallway. After verifying that my daughter and my friend were okay, I discovered a large hole in the hallway wall. I went downstairs to look for the building superintendent and advised him of what had happened. The superintendent inspected the damage, and explained that it wasn’t a gas leak, but most likely something from the apartment next door.
The superintendent went to the apartment next door to try and check on the neighbor, but the next-door neighbor was yelling at him and cursing at him. After the verbal dispute, the superintendent left, and the neighbor locked his apartment. Due to the dust in my apartment, my daughter, my friend, and I left, went downstairs to the pizzeria, waited for the superintendent to call the Police.
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Shot Fired in Building in Downtown New Rochelle