THREE YEARS FOR DORCHESTER MAN WHO HAD LOADED GUN

A Dorchester man who tried to ditch his loaded 9mm handgun in front of Boston Police was sentenced yesterday to three years behind bars, Suffolk County District Attorney Daniel F. Conley announced.

A Boston Municipal Court jury in the Firearms Priority Disposition Session –commonly known as Gun Court – yesterday convicted EDSON R. SILVA (D.O.B. 4/1/86) of unlawful possession of a firearm, unlawful possession of ammunition, unlawfully carrying a loaded firearm, and unlawful possession of a firearm with an obliterated serial number.

Acting on a recommendation by Assistant District Attorney Lauren Bernath, Judge Annette Forde sentenced Silva to three concurrent two-year terms in the Suffolk County House of Corrections for the possession charges plus a consecutive two-year-term for carrying the handgun while it was loaded. Edson will serve one of those years up front and the balance will be suspended for a probationary period of two years.

If Silva reoffends during that time, he could be ordered to serve out the remaining year behind bars.

“Every gun conviction is a violent crime averted, whether it’s a robbery, a shooting, or a homicide,” Conley said. “The message should be clear. If you carry a firearm without a license, you’re going to jail – period.”

The minimum mandatory penalty for unlawful possession of a firearm is 18 months in a house of correction. Prosecutors routinely seek longer terms for gun defendants.

At trial, Bernath proved that Boston Police officers on routine patrol saw Silva walking towards them in the middle of Harrow Street at about 2:00 a.m. on Jan. 17, 2009. Upon seeing their marked cruiser, Silva turned left, walked to the rear of a parked car and onto the sidewalk.

The officers watched as Silva bent down and stretched out his arm near the driver’s side of the parked car. He then stood up and continued walking on the sidewalk.

Officers exited the cruiser to talk to Silva; meanwhile, one of the officers walked over to the parked car where he had seen Silva bending down. That officer discovered a Skyy Industries CPX-1 9mm firearm near the car. The firearm had one live round in the chamber and 11 live rounds in the magazine.

Silva was arrested and taken into custody. During the booking process, in a post-Miranda statement to police, Silva blurted out, “How are you going to charge me with possession? You didn’t see me throw it!”

Silva was represented by attorney Rosemary Scappiccio.