A man accused of entering a La Jolla home and fondling a 22-year-old woman as she slept was convicted Friday of two felonies and a misdemeanor. The jury did not reach a verdict on a felony count of rape by a foreign object.
Brian Patrick Silva was found guilty of residential burglary, receiving stolen property and misdemeanor sexual battery, according to Deputy District Attorney Robert Stein.
According to trial information, the victim testified that she and four friends went to Windansea Beach on Aug. 10 and met Silva and fellow defendant Xavzier Pernell Paschal there and later returned alone to a house on Westbourne Street. According to her report, the two men were not invited into the house that night. The woman said she was "mildly intoxicated from beer" when she fell asleep between 2 a.m. and 3 a.m. She reported that she woke up a bit later to find Silva fondling her.
Police pulled over Silva and Paschal several blocks away from the incident and found stolen property in the car, according to reports.
Judge Laura Parsky had the jurors deliberate more on the felony charge of rape by a foreign object in an effort to reach a consensus, but she later declared a mistrial on the count.
Silva faces nearly eight year in state prison, according to Stein.
Paschal pleaded guilty Nov. 2 to two felony charges, including first-degree burglary, as a result of the incident.
City News Service contributed to this report.
