On May 7, 2013, at approximately 11:00 p.m., David Silva was found lying unconscious on the front lawn of a home across from Kern Medical Center in Bakersfield, California, after Kern County deputies responded to reports of a possibly intoxicated man. Deputy Kelly performed a "knuckle rub" on Silva, which caused him to stir. Silva was then allegedly beaten by Deputy Kelly, attacked with a baton, and bitten by his police dog. Sergeant Sword allegedly arrived on the scene and participated in striking Silva in the head and body with his baton. Additional officers arrived and also allegedly participated in the beating, although Silva was on the ground and restrained. Eventually, Silva was restrained in a hogtie position with a "spit sock" over his head. The interaction was observed by several eyewitnesses, captured on cell phone, and partially captured on surveillance video. Silva was heard calling for help. Silva died in the course of the beating before paramedics arrived. Police allegedly seized the recorded evidence.
On July 8, 2013, plaintiff Tara Garlick (girlfriend of Silva and mother of four of his minor children), the minors, and others filed a civil rights wrongful death action against defendant Kern County and numerous officers in the United States District Court for the Eastern District of California. The action was assigned to Judge Lawrence O'Neill. Plaintiffs claimed that Silva died of asphyxiation and/or trauma due to the use of excessive force in violation of Silva's rights pursuant to 42 U.S.C.S. Section 1983. Defendants claimed that they performed their duties properly and that Silva died due to heart problems, combined with methamphetamines, muscle relaxers, and alcohol in his system. According to news sources, the case was settled on May 4, 2016, for $3,400,000.
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