City News Service
A 21-year-old man who entered a La Jolla home and fondled a woman as she slept was ordered Tuesday to spend 2 1/2 years behind bars.
Brian Patrick Silva was convicted in March of felony counts of residential burglary and receiving stolen property, and a misdemeanor sexual battery count.
The jury could not reach a verdict on a felony count of rape by a foreign object, which was dismissed Tuesday by Judge Laura Parsky.
According to trial testimony, the 22-year-old victim went to WindanSea Beach last Aug. 10 with friends, where she met Silva and Xavzier Pernell Paschal, and later returned alone to a house on Westbourne Street.
She testified that she later saw the men near the house, but they were not invited in. She said she was mildly intoxicated when she went to sleep, and woke up to find Silva fondling her.
The men were pulled over by police several blocks away, and officers said they found stolen property in their car.
Paschal, who was not implicated in the fondling, pleaded guilty in December to first-degree burglary and receiving stolen property.
The judge ordered Silva to serve two years in state prison, then return to county jail for six months on the misdemeanor.