Charges not filed in death in county jail
Self defense claim, lack of evidence lead to delay
OROVILLE >> A man who had been held responsible in the death of Sherman Silva, 43, inside a Butte County Jail holding cell early Sunday morning was released Wednesday pending Silva’s official cause of death, which is still being processed by the Sacramento County Coroner’s Office.
Butte County District Attorney Mike Ramsey said in a press release that further investigation and autopsy results are necessary for a potential homicide case involving Michael Borgman, 23, of Chico,
after a physical altercation between he and Silva in a sobering cell at the jail resulted in Silva’s death.
In the release, Ramsey said at the current stage of the investigation, “formal charges could not be brought within the legally required 48 hours deadline after an arrest to keep a person in custody.”
Silva’s remains were transported to the Sacramento County Coroner’s Office for an independent forensic examination, however, the coroner’s office said it could not pronounce a cause of death until toxicology results were received on Silva’s blood samples.
“Without a cause of death, the prosecution could not proceed in the case,” the release said.
Borgman is the son of Paradise Police Department Lt. Anthony Borgman, who previously spent 19 years with the Butte County Sheriff’s Office, this newspaper confirmed.
Borgman and Silva were arrested in separate incidents on the evening of Saturday, March 6 and both were placed in a sobering cell in the booking area of the jail
Borgman was arrested by the California Highway Patrol on suspicion of driving under the influence of alcohol. Silva was arrested by the Chico Police Department on a felony parole violation warrant and was placed in the cell because he was suspected of being under the influence of drugs. The release noted that a sobering cell is a cell within the jail specifically for housing inmates who are under the influence of alcohol or drugs. Generally, inmates are housed in the cell until the effects of the alcohol or drugs have worn off.
Ramsey said the evidence gathered thus far indicates that while Borgman and Silva were in the sobering cell, the two became involved in a physical altercation, which occurred just two minutes after a correctional deputy conducted a routine check of the cell. The Butte County Sheriff’s Office said on Monday correctional staff conducted “frequent” checks on the cell while the two were housed there.
Two minutes after the last check, an inmate alerted another correctional deputy to an altercation in progress inside the cell. The deputy responded immediately, and upon arrival, observed Silva unresponsive in the cell.
Ramsey said investigations with the DA’s Office and Sheriff’s Office later determined the deputy arrived at the cell and observed Silva and Borgman “lying together on the floor against a wall,” the release said. The deputy said Borgman’s arm was around Silva’s neck and head, and Silva was lying face down toward the floor on top of Borgman.
Correctional deputies rendered emergency medical aid, before jail medical staff and emergency responders arrived to attempt further life- saving measures that were unsuccessful. Silva was later pronounced dead.
At the time the first deputy arrived, the deputy ordered Borgman to release his hold on Silva. In the subsequent investigation, the deputy noted Borgman “immediately released his hold on Silva and complied with directions of correctional staff.” At the scene, a preliminary examination of Silva indicated some evidence that his airways may have been constricted during the struggle.
Ramsey said Borgman cooperated with law enforcement and later agreed to an extensive interview with investigators on Tuesday, on the apparent advice from his attorney.
Based on that interview, Borgman claimed Silva was the initial aggressor, saying Silva punched and then charged at him. Borgman said his back and head were slammed against the cell’s concrete wall as Silva charged him. Then, Borgman reached around Silva’s head and neck to establish a hold on Silva as Silva continued to to punch him. Borgman said he maintained the hold until the correctional deputy arrived.
Ramsey said Borgman’s injuries were consistent with his self- defense claim, and furthermore, noted it is the prosecution’s “burden” to disprove any claim of self- defense beyond a reasonable doubt.
Ramsey said two other inmates were housed in the same sobering cell, but their recollections of Sunday’s altercation were “severely diminished” as a result of their intoxication.
Borgman appeared in the Butte County Superior Court on Wednesday for the filed charges of driving under the influence and refusal to complete an alcohol test, stemming from his March 6 arrest.
Borgman pleaded not guilty to the charges and was released on his own recognizance, with conditions to completely refrain from alcohol and submit to a search or test for the same. Borgman is due back in court April 20 for further proceedings in the DUI case.