BAKERSFIELD, Calif. - Friday morning the attorney for David Silva's family is expected to make a statement after the 33-year-olds autopsy dubbed the death accidental.
Sheriff Donny Youngblood said deputies found Silva unconscious May 7th on the corner of Flower and Palm and after waking the man up a struggle ensued.
"The first deputy had already used his baton for two strikes on Mr. Silva as he felt like he was losing the fight and if he couldn't keep Mr. Silva on the ground he was going to lose the entire incident and his life would be in danger", Youngblood said.
The sheriff explained only three of the seven deputies on scene used their batons but a 9-1-1 tape from a witness described a different scene; "I'm standing right here on the corner of Flower and Palm right now and you have 1, 2, 3, 4, 5, 6, 7, 8 sheriffs. That guy was laying on the floor and 8 sheriffs ran up and started beating him up with sticks. This man is dead laying here right now."
The press conference with the Silva family attorney is scheduled for 10am Friday.