David Silva's younger brother Chris Silva who was in the press room told 23 ABC News that at about 10:40 a.m. Friday, the DA has decided not to file charges in the beating death of his brother David Silva.
The Silva family said they met with Green in advance of the 11:30 a.m. press conference to announce her decision.
Silva who was in the press room during Green's reading asked her questions about the force applied by the officers and why they didn't help his brother.
Sheriff deputies said 33-year-old David Sal Silva, died at Kern Medical Center early May 8, 2013, after being found highly intoxicated and resisting arrest at the corner of Palm and Flower in East Bakersfield.
At 11:38 p.m. Tuesday, a KMC security guard patrolling the area was the one who reportedly found Silva unconscious a block away from the hospital.
KCSO Spokesperson Ray Pruitt told 23 ABC it took 5 deputies, 2 CHP officers and a K-9 to subdue Silva.
Pruitt said officers were forced to use their batons to arrest Silva but no tazers, pepper spray or guns were used during the altercation.
Once Silva was taken into custody deputies noticed his breath was shallow and quickly called an ambulance, Pruitt said.
Silva was pronounced dead at KMC at 12:44 a.m.
Sheriff Donny Youngblood said that the cause of death for David Silva was accidental. The coroner's report showed Silva to have died of cardiac hypertension.
Youngblood said that there was amphetamine and methamphetamine found in Silva's system and that Silva had Vicodin and other drugs in his pocket.
Youngblood blames the media and says, "They raced to be first; not to be right."
Youngblood continued saying that all of the baton strikes used by the deputies were within policy and none of the strikes were to the face or neck.
He said, "The media is who controls the emotion."
Youngblood continued saying that deputies had to have extra protection and guards as there were threats against them.
Youngblood said that Silva's BAC was .095 and had methamphetamine, amphetamine, ethanol, clonazempam, and caffeine in his system.
Youngblood said that during the struggle, a K9 was deployed and Silva grabbed the dog around the neck and began choking the dog.
Youngblood said that only 3 of the deputies involved deployed any baton strikes.