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Plea deal struck in propane tank murder

Silva

An Ignacio man pleaded guilty Monday in a plea bargain to second-degree murder in the death of his stepfather two years ago.

Richard Silva, 32, faces 20 to 28 years in prison when he is sentenced Aug. 11 by 6th Judicial District Judge Jeffrey Wilson.

When he is released, Silva will be on parole for five years.

The agreement was reached by Assistant District Attorney Christian Champagne and Justin Bogan from the public defender’s office.

On May 8, 2012, Silva beat his stepfather, Clayborn Scott, 55, with a 35-pound propane tank in the house they shared four miles north of Ignacio.

Silva pleaded not guilty by reason of insanity, and Judge Wilson in January 2013 – based on expert evaluation – found him incompetent to stand trial.

While in jail, Silva received a regimen of medication that stabilized his condition.

In July 2013, Wilson found Silva competent to stand trial.

The next month, Silva again pleaded not guilty by reason of insanity.

Prosecution and defense worked out an agreement that led to Monday’s court session, during which Wilson questioned Silva about his mental condition and voluntary acceptance of the consequences of the plea bargain.

daler@durangoherald.com



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