Cell phone squabble bloodies Carmel mom.

Carmel resident Jennifer Da Silva’s ordeal started on the evening of Aug. 7, 2013, driven by an argument over her daughter’s cell phone. Within hours, Da Silva sat in a holding cell at Monterey County Jail, her forehead split open and her clothes stained with blood.

A few hours after that, according to a lawsuit filed by Da Silva’s attorney Andrew Kreeft, jail officials stripped her naked in view of a male inmate and placed her in solitary confinement, offering her a cloth to wrap around herself. The reason given, the complaint states, was that a sheriff’s deputy deemed Da Silva a danger to herself.

The defendants named in Da Silva’s Aug. 7 complaint include the city of Carmel, Carmel Police Sgt. Luke Powell, Monterey County and the Monterey County Sheriff’s Office. Among Da Silva’s allegations are violation of her civil rights, false imprisonment, battery and malicious prosecution.

Attorney Vincent Hurley, who’s representing Carmel and Powell, says the officer denies any wrongdoing. “They were simply trying to get her to leave a domestic dispute,” he says.

But Kreeft says police presence caused the situation to get out of control: “What was a non-confrontational encounter between two parents dealing with a matter involving their daughter was escalated as result of police presence,” he says.

The charges against Da Silva from that night, public intoxication and obstructing an officer, were dismissed in March 2014.

The story painted in Da Silva’s complaint begins with a with a disagreement with her then-11-year-old daughter and her ex-husband, Daniel Balint. Da Silva had full custody of her daughter on weekdays, while Balint had custody on weekends.

Da Silva was concerned about the safety implications of the cell phone Balint had recently bought their daughter and threatened to take it away. Their daughter called Balint, who also lived in Carmel, to pick her up. Balint took their daughter to her aunt’s house, while Da Silva drove to Balint’s apartment.

Balint wasn’t yet home, so Da Silva let herself in, the complaint states. When Balint returned, they got into a heated but non-violent argument that culminated in him calling the Carmel police.

Two officers, Sgt. Brian Pon and Sgt. Luke Powell, arrived about 10pm. As Da Silva stood outside, answering questions from Pon, the complaint states, Powell emerged from the apartment and “was immediately confrontational and aggressive” toward Da Silva.

Da Silva alleges Powell grabbed her arm and forced her to the ground, leaving a “large laceration” on her forehead that would require eight stitches.

After Da Silva was treated at Community Hospital of the Monterey Peninsula, Pon eventually transported her to the county jail. Staff refused to admit her because she needed more medical treatment. At Natividad Medical Center, Da Silva received stitches and multiple CT scans. She was then taken back to jail, where she spent 18 hours.

Monterey County Counsel Charles McKee says there are potential issues with the complaint, as a claim was never filed with the county. Kreeft, Da Silva’s attorney, says his client won’t speak to the press.

Read the entire complaint here:

Download PDF