“In stark contrast to the tale spun by Silva, this case does not represent a reasonable and necessary use of force but rather this case is an egregious example of excessive force that left a public library patron with severe and pervasive injuries,” she wrote. “In revoking Silva’s dismissal, the [judge] determined that Silva’s severe beating of a mentally ill minority member of the public was proper, in a public library at a university.”
The personnel board declined to reconsider.
Silva never returned to active duty with the school's police force, according to a university spokeswoman. He resigned on Oct. 1, 2018, the day he was scheduled to return to work.
But he apparently still had the support of his former chief, Peter Decena. After about eight years, Decena had left the school in 2017 to head up the Los Gatos-Monte Sereno Police Department.
Decena hired Silva as a Los Gatos officer in September 2018.
The chief did not respond to specific questions about the March 2016 incident or the additional lawsuit, but issued a press release Wednesday that said he concurred with the State Personnel Board review.
“He [Silva] participated in our rigorous selection process and completed a thorough background investigation, including a polygraph examination and psychological screening,” Decena said.
San Jose State spokeswoman Robin McElhatton said in a statement issued Wednesday that the March 2016 incident was unfortunate, but that safety and security are the university’s top priority.
"We are committed to ensuring that we have a well-trained, professional campus police force that complies with professional standards," she wrote.
Robert Salonga of the Bay Area News Group contributed to this report.
This story was produced as part of the California Reporting Project, a collaboration of 40 newsrooms across the state to obtain and report on police misconduct and serious use-of-force records unsealed in 2019.