Dasilva allegedly approached the Lower West Terrace archway at 4 30pm. He is seen on policy bodycam pushing his hands against an officer’s shield. The context of this interaction is still unclear.
Please keep in mind that in the United States, every citizen charged with a crime is presumed innocent until proven guilty.
- First Name(s): Matthew
- Last Name(s): DaSilva
- Case Number: 1:21-cr-00564
- Arrest Location: Lavon, TX
- Judge: Carl Nichols
- Entry Last Updated: 01/19/2024
- Date Docket Downloaded: 08/26/2021
- Currently Incarcerated: No
- Support Matthew DaSilva: Click here to help cover Matthew's legal and living expenses
Charges
Civil Disorder (1) Assaulting, Resisting, or Impeding Certain Officers (2) Entering and Remaining in a Restricted Building or Grounds (3) Disorderly and Disruptive Conduct in a Restricted Building or Grounds (4) Engaging in Physical Violence in a Restricted Building or Grounds (5) Disorderly Conduct in a Capitol Building (6) Act of Physical Violence in the Capitol Grounds or Buildings (7)
Case Status
DaSilva was arrested on 7/6/21 and appeared in court on 7/16. He was ordered released. Indictment on 9/8/21 and superseding indictment on 1/26/22. He plead not guilty to all charges for a second time on 3/11/22. Bench Trial concluded on 7/19/2023, the Court found DaSilva guilty on Counts 1, 2, 3, 4, 5, and 7- and not guilty on Count 6 of the Second Superseding Indictment. Sentencing has been delayed due to Motions for acquittal and the Court possibly reconsidering the guilty verdict for Counts 3, 4, and 5. A response was filed by the Government on 1/8/2024- next court action is unknown.
USA Attorney
Robert Juman
Robert Craig Juman
U.S. ATTORNEY'S OFFICE
500 E. Broward Blvd. Ft. Lauderdale, FL 33132
786-514-9990 Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant U.S. Attorney
Case Documents
- Docket Download-8.26.21
- #1-SEALED COMPLAINT as to MATTHEW DASILVA
- #3-MOTION to Seal Case by USA as to MATTHEW DASILVA
- #4-ORDER granting 3 Motion to Seal Case as to MATTHEW DASILVA
- #6-Arrest Warrant, dated 7.6.2021, Returned Executed in the U.S. District Court for the District of Columbia on 7.16.2021 as to MATTHEW DASILVA
- #7-NOTICE OF ATTORNEY APPEARANCE
- #8-ORDER Setting Conditions of Release as to MATTHEW DASILVA
- #9-INDICTMENT as to MATTHEW DASILVA
- #11-NOTICE of United States' Memorandum Regarding Status of Discovery as of September 14, 2021 by USA as to MATTHEW DASILVA
- #12-STANDING ORDER as to MATTHEW DASILVA
- #13-Unopposed MOTION for Protective Order Governing Discovery by USA as to MATTHEW DASILVA
- #15-Unopposed MOTION for Disclosure of Items Protected by Federal Rule of Criminal Procedure 6(e) and Sealed Materials by USA as to MATTHEW DASILVA
- #16-NOTICE of United States' Memorandum Regarding Status of Discovery as of October 21, 2021 by USA as to MATTHEW DASILVA
- #17-NOTICE of United States' Memorandum Regarding Status of Discovery as of November 5, 2021 by USA as to MATTHEW DASILVA
- #18-Unopposed MOTION to Continue and, MOTION to Exclude Time Under the Speedy Trial Act by USA as to MATTHEW DASILVA
- #20-SUPERSEDING INDICTMENT as to MATTHEW DASILVA
- #22-NOTICE of United States' Memorandum Regarding Status of Discovery as of February 9, 2022 by USA as to MATTHEW DASILVA
- #24-Unopposed MOTION to Continue and to Exclude Time by USA as to MATTHEW DASILVA
- #26-Unopposed MOTION to Continue by USA as to MATTHEW DASILVA
- #30-MOTION to Dismiss Count One and Two by MATTHEW DASILVA
- #31-NOTICE OF ATTORNEY APPEARANCE Katherine Elizabeth Boyles appearing for USA
- #32 RESPONSE by USA as to MATTHEW DASILVA re [30] MOTION to Dismiss Count One and Two
- #33 REPLY TO OPPOSITION to Motion by MATTHEW DASILVA re 30 MOTION to Dismiss Count One and Two
- #34 MOTION to Dismiss Count One, Two, Five, and Seven Pursuant to Rule 12(b)(1) by MATTHEW DASILVA
- #35 Memorandum in Opposition by USA as to MATTHEW DASILVA re 34 Motion to dismiss count(s) One, Two, Five and Seven
- #36 REPLY TO OPPOSITION to Motion by MATTHEW DASILVA re 34 MOTION to Dismiss Count One, Two, Five, and Seven Pursuant to Rule 12(b)(1)
- #37 Unopposed MOTION for Leave to Appear by Telephone / Videoconference on February 28, 2023 by MATTHEW DASILVA
- #38 NOTICE of Supplemental Authority by MATTHEW DASILVA re [34] MOTION to Dismiss Count One, Two, Five, and Seven Pursuant to Rule 12(b)(1), [30] MOTION to Dismiss Count One and Two
- #38 a) Exhibit United States v. Cua, Case 1:21-cr-00107-RDM, Dkt. 288
- #40 SUPPLEMENTAL BRIEF by MATTHEW DASILVA re 30 and 34 Motion to Dismiss on 18 U.S.C. § 111(a) Modified text and to add link on 3/7/2023
- #41 RESPONSE by USA as to MATTHEW DASILVA 40 regarding Defendant's Supplemental Filing Modified to add link on 3/22/2023
- #43 SCHEDULING ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on April 24, 2023
- #44 NOTICE OF ATTORNEY APPEARANCE Adam Michael Dreher appearing for USA
- #45 MOTION in Limine to Exclude Audio Recordings of Witness Statements by MATTHEW DASILVA
- #46 MOTION in Limine to Exclude Generalized, Sweeping, Non-Particularized January 6 Evidence by MATTHEW DASILVA
- #47 MOTION for Bill of Particulars by MATTHEW DASILVA
- #48 MOTION to Dismiss for Selective Prosecution by MATTHEW DASILVA
- #49 MOTION in Limine to Admit Video Montage Evidence by USA as to MATTHEW DASILVA
- #50 MOTION in Limine to Limit Cross Examination of USSS Witness by USA as to MATTHEW DASILVA
- #51 MOTION in Limine regarding Locations of USCP CCTV by USA as to MATTHEW DASILVA
- #51 a) Exhibit 1
- #51 b) Attachment 1
- #51 c) Attachment 2
- #51 d) Attachment 3
- #51 e) Attachment 4
- #53 Joint STATUS REPORT regarding Revised Scheduling Order by USA as to MATTHEW DASILVA
- #54 SECOND SUPERSEDING INDICTMENT as to MATTHEW DASILVA (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss
- #56 AMENDED SCHEDULING ORDER. Signed by Judge Carl J. Nichols on June 1, 2023
- #57 MOTION to Dismiss Count One, Two, Five, and Seven of the Second Superseding Indictment by MATTHEW DASILVA
- #58 Memorandum in Opposition by USA as to MATTHEW DASILVA re 57 Motion to dismiss count(s), 47 Motion for Bill of Particulars
- #59 Memorandum in Opposition by USA as to MATTHEW DASILVA re 48 Motion for Miscellaneous Relief Motion to Dismiss for Selective Prosecution
- #60 REPLY TO OPPOSITION to Motion by MATTHEW DASILVA re 48 MOTION to Dismiss for Selective Prosecution
- #61 SUPPLEMENT by MATTHEW DASILVA re [60] Reply to opposition to Motion
- #61 a) Exhibit 1
- #61 b) Exhibit 2
- #62 NOTICE OF SUBSTITUTION OF COUNSEL as to USA. Attorney Boylan, Eric added. Substituting for attorney Adam Dreher
- #63 NOTICE Intent to Offer Business Records Pursuant to Fed. R. Evid. 902(11) by USA as to MATTHEW DASILVA
- #64 RESPONSE by MATTHEW DASILVA re [51] MOTION in Limine regarding Locations of USCP CCTV, [50] MOTION in Limine to Limit Cross Examination of USSS Witness, [49] MOTION in Limine to Admit Video Montage Evidence and [63] NOTICE
- #65 Proposed Jury Instructions by MATTHEW DASILVA
- #66 TRIAL BRIEF by MATTHEW DASILVA
- #67 Proposed Jury Instructions by USA as to MATTHEW DASILVA
- #68 TRIAL BRIEF by USA as to MATTHEW DASILVA
- #69 MOTION to Exclude Aiding and Abetting Bench Instructions by MATTHEW DASILVA
- #71 NOTICE of Supplemental Authority by MATTHEW DASILVA re [69] MOTION to Exclude Aiding and Abetting Bench Instructions
- #73 Government's Supplemental Memorandum by USA as to MATTHEW DASILVA re 65 Proposed Jury Instructions, 67 Proposed Jury Instructions Modified text on 7/13/2023
- #74 EXHIBIT LIST by USA as to MATTHEW DASILVA
- #75 Reply by MATTHEW DASILVA re 73 Government's Supplemental Memorandum Modified text on 7/13/2023
- #76 ORDER as to MATTHEW DASILVA on Final Legal Instructions. Signed by Judge Carl J. Nichols on July 13, 2023
- #77 EXHIBIT LIST by MATTHEW DASILVA
- #78 WAIVER of Trial by Jury as to MATTHEW DASILVA. Approved by Judge Carl J. Nichols on 7/17/2023
- #79 STIPULATION of the Parties for Trial by USA
- #81 ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on July 19, 2023
- #82 ATTORNEYS' ACKNOWLEDGMENT OF TRIAL EXHIBITS as to MATTHEW DASILVA
- #83 EXHIBIT LIST by USA as to MATTHEW DASILVA
- #84 EXHIBIT LIST by MATTHEW DASILVA
- #85 EXHIBIT LIST by USA and MATTHEW DASILVA as to MATTHEW DASILVA
- #86 REVISED ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on July 20, 2023
- #87 TRANSPORT ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on July 20, 2023
- #88 MOTION for Acquittal Pursuant to Rule 29(A) by MATTHEW DASILVA
- #89 MOTION to Modify Detention Order by MATTHEW DASILVA
- #90 Supplemental MOTION for Acquittal Under Rule 29(a) by MATTHEW DASILVA
- #91 RESPONSE by USA as to MATTHEW DASILVA re [89] MOTION to Modify Detention Order, [90] Supplemental MOTION for Acquittal Under Rule 29(a), [88] MOTION for Acquittal Pursuant to Rule 29(A)
- #92 REPLY TO OPPOSITION to Motion by MATTHEW DASILVA re [89] MOTION to Modify Detention Order, [90] Supplemental MOTION for Acquittal Under Rule 29(a), [88] MOTION for Acquittal Pursuant to Rule 29(A)
- #93 MOTION for Acquittal Pursuant to Rule 29(c) by MATTHEW DASILVA
- #94 MOTION for Order Directing the Clerk of the Court to Accept Pre-Sentence Payment by MATTHEW DASILVA
- #95 ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on July 25, 2023
- #96 RESPONSE TO ORDER OF THE COURT by MATTHEW DASILVA re [95] Order
- #97 RESPONSE TO ORDER OF THE COURT by USA as to MATTHEW DASILVA re [95] Order
- #98 DETENTION ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on July 27, 2023
- #100 AMENDED TRANSPORTATION ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on August 4, 2023
- #101 RESPONSE by USA as to MATTHEW DASILVA re 94 MOTION for Order Directing the Clerk of the Court to Accept Pre-Sentence Payment
- #102 Memorandum in Opposition by USA as to MATTHEW DASILVA re [90] Motion for Acquittal, [93] Motion for Acquittal, [88] Motion for Acquittal
- #103 REPLY TO OPPOSITION to Motion by MATTHEW DASILVA re 90 Supplemental MOTION for Acquittal Under Rule 29(a), 93 MOTION for Acquittal Pursuant to Rule 29(c), 88 MOTION for Acquittal Pursuant to Rule 29(A)
- #107 MOTION for Resolution of Disputed Sentencing Factor by MATTHEW DASILVA
- #108 SENTENCING MEMORANDUM by MATTHEW DASILVA
- #108 a) Sentencing Exhibits Packet
- #111 SENTENCING MEMORANDUM by USA as to MATTHEW DASILVA
- #112 ORDER as to MATTHEW DASILVA. Signed by Judge Carl J. Nichols on October 25, 2023
- #113 Memorandum in Opposition by USA as to MATTHEW DASILVA re 90 Motion for Acquittal, 93 Motion for Acquittal, 88 Motion for Acquittal
- #115 REPLY by USA as to MATTHEW DASILVA Reply in Support of Renewed Opposition to the Defendant's Motions for Judgment of Acquittal
- #117 RESPONSE TO ORDER OF THE COURT by USA as to MATTHEW DASILVA re Set Deadlines, Order
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