Cell phone video released of David Silva, other cell phone video no longer on phone

Witnesses plan to file a lawsuit

BAKERSFIELD, Calif. - The much-anticipated cell phone video in the David Sal Silva investigation that was confiscated was finally released by attorney Daniel Rodriguez.

23ABC first brought you surveillance video of the alleged beating where the 33-year-old father of four died a short time later at Kern Medical Center. The cell phone video was taken by a witness with a smart phone camera after the alleged beating occurred. According to Rodriguez, the other cell phone in question appears to be filming the scene but the video no longer exists, if it ever did.

"The question becomes, was the video ever there? If it was, was it deleted? Was it extracted? And for this kind of cell phone camera, you cannot tell whether it was deleted, extracted, or whether it was ever filmed. We can't tell," Rodriguez said.

Kern County Sheriff Donny Youngblood held a press conference last week where he also questioned if there was any video on the other cell phone.

"Was there a video on that second phone or was there not? I hope to God the FBI can give me that answer," Youngblood said.

23ABC asked Rodriguez if his client verified that there was a video on the phone and Rodriguez said he is also trying to piece together the information.

"Did she verify it? Did she look at it? I don't know for a fact. I'm assuming from what I've read but when I met with her, I did not ask her that question," Rodriguez said.

And there are more questions than answers as this investigation continues.

"I'm asking the public to be patient. This is troubling. It's not just troubling for the public, for the news media, it's troubling for me," Youngblood said.

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