This week, two defendants charged with the murder of 48-year-old Justin David Silva of Brentwood have entered into a plea agreement with the Contra Costa District Attorney’s Office.
The following information is from the Contra Costa County District Attorney’s Office:
45-year-old Dennis Lindsay will serve 12 years and four months in state prison for killing Justin Silva and for residential burglary.
His son, 21-year-old Nathan Rampone-Lindsay, will serve the same term for manslaughter and preventing a witness from filing a police report.
The plea agreement reflects enhancements which add to their prison terms.
Deputy District Attorney Jennifer Tompkins said after the agreement was reached, “Justin Silva’s surviving family and loved ones can now begin the process of healing and recovery from his senseless murder. The relationships between the parties, as well as complex issues of self defense and defense of others, created a significant legal challenge in a jury trial that Justin’s family recognized. While nothing can bring Justin Silva back to his family and friends, justice has been served on his behalf.”
On August 24, 2021, around 4:15 in the afternoon Brentwood Police responded to reports of shots fired on Brentwood Boulevard near Sellers Avenue. When authorities arrived, they found Silva dead from multiple gunshot wounds. Dennis Lindsay and 50-year-old Daniel Marmino were also shot with non-life-threatening injuries to their leg and arms.
During the police investigation, it was revealed Silva was living in an outbuilding on the property owned by a Lindsay family member — where he was employed doing carpentry work.
The living and employment relationship between Silva and the Lindsay family members became acrimonious. Silva was sent an eviction letter to leave the property by September 1.
However, on August 24, Lindsay, Rampone-Lindsay, and Marmino went to Silva’s home armed with an automatic pistol with an extended magazine, a flare gun, bear spray, and a knife. Dennis and Marmino then tore down a wooden side wall of Silva’s home and entered the residence with their weapons drawn — with Nathan entering behind them. Upon their entry, Silva opened fire on the men with his firearms — shooting Dennis and Marmino. Nathan returned fire with 30 rounds from the automatic pistol, striking Silva 20 times. Silva died at the scene.
Marmino, and a fourth defendant – 74-year-old Roger Lindsay – were also charged but entered pleas in 2022 for their roles in the incident. Roger Lindsay pled to being an accessory to the crime, and Daniel Marmino entered a plea of assault with force likely to cause great bodily harm.
Both men are scheduled to be sentenced on March 27 at 8:30 am in Martinez.
Ridiculous. Premeditated murder, and they will serve about six or seven years. We will be reading about them again when they are out on parole, murdering people with a gun that is illegal for them to possess. Ya gotta love our liberal DA’s, and judges.
How do you figure it’s “premeditated murder?”
The decedent was unlawfully squatting on the defendant’s’ property.
Rather than comply with a lawful request to vacate, the decedent barricaded himself on the owners’ property. The defendants then undertook to reclaim their property during an indefinite period in which the courts refused to hear petitions to evict squatters.
Recognizing the squatter’s penchant for violence, the owners prudently armed themselves when confronting him; a decision vindicated by the squatter’s resort to lethal force.
When they confronted him, and a shootout ensued, wounding two of the property owners and killing the squatter.
This is what happens when authorities fail to keep order, uphold the law and perform their core functions.
Thanks, Larry. I’m happy to know there is at least one person who understands the real truth of this situation. That father and Son should not be serving any time at all……
Thanks, Larry. I’m happy to know there is at least one person who understands the real truth of this situation. That father and Son should not be serving any time!
For the record, I only contend that the circumstances here do not rise to “premeditated murder.”
I won’t posit, however, that the defendants’ conduct was legally justified. Far from it.
Property rights don’t confer owners with carte blanche to use force against trespassers or squatters, and deadly force is rarely permissible in the context of civil property disputes. Indeed, based on the limited facts articulated here, voluntary manslaughter appears to be the appropriate charge under California law. (Reasonable people may disagree on whether the law itself is morally and ethically proper, but that’s not for prosecutors to decide.)
Furthermore, the law restricts owners’ right to enter property leased to tenants, notwithstanding default or refusal to vacate. Owners are wise to seek LEGAL redress, even if doing so means waiting months or years for adjudication. Public policy frowns upon vigilantism.
Moreover, seeking an armed confrontation in a dispute is always exceptionally ill-advised, even when you are legally aggrieved. While using deadly force to defend yourself or others from imminent lethal threats is permissible, confronting an adverse party (even if they’re legally in the wrong) with a deadly weapon often negates favorable presumptions under the self-defense doctrine.
The DA’s decision to accept a plea deal for manslaughter and various enhancements appears facially fair and consistent with the law.
So out in 6 – 7 years ? ? ?
…. no wonder serious crime is out of control … lenient plea deals like this? disgusting!
What a joke Becton is. The lemmings in CC County could have had a decent DA, but they re-elected this.
Anyone who says things like, “Begin the process of healing” has never had to.
This is exactly why Contra Costa County is such a safe place for the criminal element.
Remind me to make a plea deal with the DA. if I ever need one. What a crock.
This is another example of how Becton, and those who voted her into office support, enable and encourage criminals, and how they are causing our society to be so violent and unsafe.
20 hits out of 30 with a handgun, good percentage even in close quarters.
If handgun was modified with switch for full auto should be FED fire arms case.
But this is criminal friendly CoCo county.
The Father and Son should not receive ANY PRISON TIME!!!!! ARE YOU KIDDING ME???? THEY ARE THE OWNERS OF THE PROPERTY AND The guy who died was a Squatter!!!! He wouldnt leave!! I can’t believe this. And people are complaining they will only serve 6-7 years??? They shouldnt serve any time at all……..