Long-Sought Fugitive Apprehended on Murder Warrant

BOSTON, July 9, 2015—A participant in the shooting that killed Jose Daveiga in 2003 and left Christopher Carvalho paralyzed until his death four years later has been apprehended, officials announced today.

Boston Police and US Marshals apprehended CARLOS SILVA (D.O.B. 3/4/83) this afternoon on Suffolk County indictments charging him with two counts of first-degree murder. Silva will be arraigned tomorrow morning in Suffolk Superior Court.

Evidence introduced in prior proceedings indicates that Silva was one of seven men in two vehicles who followed the victims – who were travelling in their own car – from a Chinatown nightclub into the South End in the early morning hours of April 28, 2003.

As the victims approached the intersection of Albany and East Berkley streets at about 2:30 a.m., a person in the vehicle Silva was driving fired at least eight rounds into the victims’ car. The second suspect vehicle, driven by DANIEL FERNANDES (D.O.B. 1/16/85), approached as the victims tried to pull away and ODAIR FERNANDES (D.O.B. 8/16/83) fired at least three more shots at them.

Both victims were struck multiple times. Daveiga died at Boston Medical Center a short time later. Carvalho survived, but was paralyzed from the neck down and died of pneumonia in 2007 at the Lemuel Shattuck Hospital, where he was confined to a bed and reliant upon a machine to provide him with oxygen.

Within an hour of the shooting, Boston Police stopped Daniel Fernandes’ vehicle, obtained a Boston Municipal Court search warrant, and recovered a firearm and shell casings consistent with the victims’ injuries and evidence at the scene. Additional investigation led to Silva’s identification as the driver of the other vehicle. Both drivers were indicted as accessories after the fact to the shootings with the agreement that they would testify truthfully in proceedings against Odair Fernandes and two other gunmen. Instead, both fled the area and Suffolk homicide prosecutors were forced to terminate murder charges against the latter two defendants with the option of refiling them at a later date. Odair Fernandes was tried in 2006 and convicted of first-degree murder and armed assault with intent to murder. He is serving a life term without the possibility of parole plus an additional 18 years.

The agreements with both drivers were declared null and void when they deliberately failed to appear for trial. Both were subsequently indicted for the victims’ homicides and remained at large as fugitives. Daniel Fernandes later surrendered and pleaded guilty to his role in 2009; Silva was apprehended after painstaking work by the Boston Police Fugitive Unit and US Marshals Office.

 

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All defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.