Man accused of sexual assault and burglary in La Jolla pleads not guilty

By Kelly Wheeler

City News Service

A young man accused of fondling a 22-year-old woman as she slept in a La Jolla apartment pleaded not guilty Wednesday to burglary and sexual assault charges.

Bryan Patrick Silva, who is free on $50,000 bail, faces more than nine years in prison if convicted, said Deputy District Attorney Robert Stein.

Silva, 20, and 21-year-old co-defendant Xavzier Paschal, allegedly were in possession of valuables taken from the residence when they were taken into custody last week a short distance from the Westbourne Street apartment, police said.

Paschal, who pleaded not guilty last week to burglary with a hot prowl allegation and receiving stolen property, had his bail reduced today from $50,000 to $35,000. He faces six years behind bars if convicted.

According to San Diego police Lt. Rick O’Hanlon, the victims were socializing on the beach near their residence the night of Aug. 10 when the suspects happened by and joined them for a time.

The victims eventually went home, leaving Paschal and Silva behind, O’Hanlon said.

About 4 a.m. one of the residents was awakened in his bedroom by Paschal, who fled when challenged about his presence, O’Hanlon said. The resident gave chase, noticing as he did that Silva also was in the home. Both suspects ran out, got into a car and drove off, the lieutenant said.

One of the residents, a 22-year-old woman, then told her four roommates that she woke up to find Silva in her room, fondling her, according to police. The assailant ran off when she screamed, the woman said.

The victims called the police, and responding officers spotted a car matching the description of the burglars’ getaway car in the neighborhood, pulled it over and took Paschal and Silva into custody.

Judge David Szumowski ordered the defendants to have no contact with the five people who were in the apartment when the break-in took place.

A readiness conference was set for Sept. 8 and a preliminary hearing for Sept. 13.