NEW ROCHELLE, NY (March 6, 2023) — Daniel DaSilva, 56, of New Rochelle, NY was arrested Monday afternoon by New Rochelle Police following a tense two-hour standoff.
UPDATE 3/9/23: DaSilva was charged with a new count of Reckless Endangerment – 2, an A misdemeanor, stemming from his leaving the gas stove on in his apartment. He was arraigned virtually before Judge Matthew J. Costa on March 7. He was released on non-monetary bail conditions; the “stay away order” issued originally on December 30 was restored so he barred from 2 Lawton Street. He was given a return date of March 9. He was transported to an area Veterans Administration hospital where he remains. DaSilva did not appear on March 9. There had been prior discussions about transferring the case to Veterans Court. The ADA said that Veterans Court was no longer an option. DaSilva was given a return date of March 27.
Police responded to DaSilva’s apartment on the second floor of 2 Lawton Street after receiving information that DaSilva, who served in the military, was possibly in need of help due to calling a Veterans Administration suicide hotline.
Police forcibly removed an uncooperative DaSilva (at the 4:50 mark in the video) from the same apartment where, back in December, he fired a shotgun blast through a wall into a neighboring occupied apartment. Both incidents took place on the second floor of a building at 2 Lawton Street in New Rochelle.
Police arrived today shortly after 2:30 pm. A dozen police vehicles were ultimately on scene, including marked patrol cars, undercover vehicles, a Critical Incident Unit truck and a K-9 Unit SUV.
By the time the incident ended at about 4:40 pm, two New Rochelle Fire Department vehicles and an Empress Ambulance had also been called to the scene.
Several police officers stood on the stairway leading up to the second floor, and others at the top of the stairs.
After an hour, officers used a camera attached to a telescoping pole to look inside the apartment.
Firefighters and paramedics arrived at the scene at about 4:30 pm. Soon after, New Rochelle Police breached the door, entered the apartment and took DaSilva into police custody.
Outside, on the sidewalk in front of 2 Lawton Street, DaSilva cursed, shouted and made vulgar gestures. He struggled as officers secured him to a gurney with handcuffs, but once secured, cooperated as paramedics placed him in the ambulance and transported him away from the scene.
DaSilva was taken to White Plains Hospital. He was arraigned remotely and charged with a new count of Reckless Endangerment stemming from his leaving the gas stove on, according to NRPD. He violated the TOP which included a carve out so he could live in his apartment with two protected parties. That carve out was removed so he is barred from the building for one year. He is due in court on March 9.
Police narrative for initial arrest: On December 28th, 2022, at about 6:24pm, New Rochelle Police responded to 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.
Daniel DaSilva was charged with Reckless Endangerment – 1, a D Felony and Criminal Mischief – 2, an A Misdemeanor. He was arraigned on December 30. 2022 in New Rochelle City Court before Judge Eileen Songer McCarthy. At his arraignment, DaSilva’s Legal Aid lawyer did not offer a plea on the felony charge and pleaded not guilty on the misdemeanor charge.
Judge McCarthy gave him a return date of January 20, 2023, as well a date for a Crawford Hearing on January 4, 2023, then ROR’d. She 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.
A Crawford Hearing is when a defendant presents a court with information showing that there may be an “immediate and significant deprivation of a substantial personal or property interest” from the issuance of a temporary order of protection, the court must conduct a prompt evidentiary hearing to ascertain the facts necessary before deciding whether to issue a temporary order of protection. Matter of Crawford v. Ally, 2021 N.Y. Slip Op 04082 (1st Dept., June 24, 2021).
At the Crawford hearing on January 4, the District Attorney stated DaSilva possessed a loaded shotgun, .44 magnum rifle, a .22 rifle, a pellet handgun, a pellet rifle, a 7 mm Luger rifle, multiple boxes of shotgun rounds and a container filled with 5 gallons of kerosene.
DaSilva’s attorney noted DaSilva was kept in the police lockup for two days and that she first heard about his arrest from Talk of the Sound. He was staying with the mother of hid child since his arraignment and would be homeless if not allowed to return to his apartment where he had lived more many years.
Judge McCarthy found that DaSilva was being deprived of his personal property— the standard under Crawford — and modified the TOP, so he could return to his apartment. He was required to avoid all but incidental contact with his neighbor and the landlord.
DaSilva was scheduled to appear in New Rochelle City Court on March 2. He was given an SCI appearance date of June 15, 2023.
EDITOR’S NOTE: NRPD answered our questions the day after the incident; this article has been updated.
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