Two local young men have challenged the police version of a
party in Jackson Oaks a week ago, saying the police were
unnecessarily rough with them. Police officials say the men
’s drunken behavior provoked firm handling.
Two local young men have challenged the police version of a party in Jackson Oaks a week ago, saying the police were unnecessarily rough with them. Police officials say the men’s drunken behavior provoked firm handling.
Eric Silveira and Anthony Borga were arrested after three officers from Morgan Hill Police were called to the party in the early hours of Saturday, April 24, on Bent Oak Way, off East Dunne Avenue, and found 60 to 90, mostly underaged, partiers drinking beer on an outside deck. During the course of the incident, the teenagers on the deck pelted officers with full bottles and cans of beer, then melted away into the hills.
Borga and Silveira contacted The Times to give their side of the story, refuting the police version reported in the April 27 edition.
“The story made it sound like me and Eric started a riot,” Borga said.
“Police were over-reacting,” Borga said. “They used unnecessary force with us.”
California Highway Patrol officers and county sheriff’s deputies were called in to help break up the melee.
Silveira, 20, of San Martin, was taken to county jail and charged with resisting arrest, battery of a peace officer and damaging jail property. The police report said he was kicking and punching the holding cell.
Interim Police Chief Bruce Cumming confirmed Silveira had damaged the cell and had spit on an officer.
Borga, 20, of Morgan Hill, was cited and released charged with delaying or resisting a peace officer.
Nyssa Biesiadecki, 18, of Morgan Hill, was cited and released charged with supplying alcohol to minors and public intoxication. Biesiadecki’s house was the party scene; her parents were not at home.
Police said the men shut the door in their faces when the officers tried to enter the house.
“They didn’t come to the front door,” Borga said. “We were out in the street when they arrived and we went to talk to them. Anthony said he backed away from police, then screamed at police to leave his friend alone but they “went right to the pepper spray.”
“I got hit in the back and the face,” Silveira said, “and they hit me with two full loads of pepper spray. I turned to go get Nyssa and the officer hit me in the back; then the officer slipped and fell; Someone hit me in the back with a night stick. “
Cumming said the officers did use pepper spray but did not strike either man with hands or batons.
“Both Silveira and Borga were drinking, if not drunk,” Cumming said. “Silveira met the officers as they came up driveway, said he owned the home and they had no right to enter and there was no one there under 21. Officers said they had every right to be there because there was evidence of underage drinking.”
Silveira told the officers a second time that they could not enter the house, Cumming reported, and when Officer Gary Smith tried to walk around him, Silveira blocked his way.
“The officer said ‘if you don’t let us in you will be arrested,’” Cumming said. When there was no response, Smith tried to handcuff Silveira.
“He had both fists clenched at his waist, his arms stiff and refused to put his arms behind his back,” Cumming said. “Fists held at waist level can be an sign that they intend to fight; it’s not appropriate for police officers to fight with the public. It’s better to use the spray.”
Cumming said Borga did not touch anyone but acted irate and aggressive and was yelling, as was Silveira.
“The officer told Borga to back off and, when he didn’t and instead, clenched his fists too at waist level, he was handcuffed and arrested,” Cumming said. “We didn’t hit them with batons or punch them.”
Borga tried to smooth things over Thursday afternoon.
“We are not trying to justify underaged drinking,” Borga said. “But we want people to know the police are not handling these incidents well. I’ve been in trouble before but not for three years.
“We had nothing to do with throwing bottles at the officers,” Borga said. “It was more like a high school party; we had no control over the kids.”
Cumming said Borga wrote a letter of apology to the District Attorney.
“This was something I did not intend,” Borga wrote, according to Cumming. “The alcohol got to me.”
Cumming said the list of alcohol found at the party was lengthy and included a bottle of Absolut vodka, a 30-pack of Coors light, two 30-packs of Budwiser, six 18-packs of Bud Light, one case of Sierra Nevada Pale Ale and three 6-packs of Stoly Ice.
Cumming said that if the two men feel they were treated unfairly, they can contact the police department and file a citizen complaint. They should also call Cumming.
“I’d be happy to talk with them,” Cumming said. “They probably would have been fine if they hadn’t been drinking.”
Cumming said that if the two men feel they were treated unfairly, they can contact the police department and file a citizen complaint.
“I’d be happy to talk with them,” he said. “They probably would have been fine it they hadn’t been drinking.”
