Encalada attorney hopes to move DaSilva case forward
The attorney representing the family of the Ecuadorean man allegedly killed by downtown Danbury property owner Joseph DaSilva Jr., is seeking to depose the two men who witnessed the incident.
Mr. Barry filed a civil lawsuit against Mr. DaSilva, a New Milford resident, on behalf of Mr. Encalada's family last fall.
While Mr. Barry is hoping to question the men about Mr. Encalada's work history and his income to help establish what his future earning potential may have been, an attorney for Mr. DaSilva objected to the limited line of questioning.
"An arrangement had been made that would limit the questions that were asked, and that's not proper procedure," said Steven Olivo, one of Mr. DaSilva's attorneys who are handling the civil matter. "We have no problem with anything they are going to say. We just want a complete picture."
Police said Mr. DaSilva flew into a rage in November 2009 when he learned Mr. Encalada, an Ecuadorean national, and several other men were squatting in the vacant apartment.
According to an arrest warrant affidavit, an argument ensued between the men, and the landlord pushed Mr. Encalada down a flight of stairs.
Investigators say Mr. Encalada was drunk at the time of the assault. The 42-year-old later died at Danbury Hospital of internal injuries he sustained during the fall.
Mr. DaSilva was arrested on a manslaughter charge in January 2010 and was released from custody on a $100,000 bond. During a brief court appearance May 25, Mr. DaSilva's case was continued to June 24.
"It's been a particularly long period of time that the case has been pending," Mr. Barry said.
Barry said the two men who witnessed the incident continue to live in the Danbury area.
Mr. Barry said there is already information pertaining to what Mr. Encalada's earning capacity would he been had he lived a full life, he was hoping to get corroboration from the witnesses.
A person's earning capacity is one of the many variables that is taken into account in a civil settlement, Barry said.
"I am confident there will be a resolution to our case that will be favorable to our clients," he said.
John Hammer, an attorney representing the witnesses, said his clients "understand their obligations to give deposition testimony, but I am advising them to give only one deposition, and we're waiting for the state and the plaintiffs to coordinate that."
Mr. Barry said Mr. Encalada's family is getting "more distraught by the day" as the case continues to wind its way through the court system.
"Their financial circumstances are beyond description," he said.