Stanislaus County shells out $5 million in wrongful-death, excessive-force suit
Stanislaus County will pay $5 million to the mother of a man who died after a 2022 encounter with Sheriff’s Office deputies left him paralyzed for nearly a year.
The payout stems from a 2023 wrongful-death lawsuit filed in federal court, which was settled in December. As part of the settlement, the county will not have to admit any wrongdoing or liability.
Anthony Silva, 40, was detained by sheriff’s deputies at the Riverbank Community Center during the city’s Cheese and Wine Festival in October 2022. Silva was homeless at the time.
While handcuffed, Silva was “forcibly slammed” onto concrete as he was searched, according to the complaint filed on his mother’s behalf.
Silva’s neck broke as a result, rendering him paralyzed from the neck down. The entire encounter was recorded on the deputies’ body cameras. Silva died from his injuries in the hospital almost a year later on Sept. 10, 2023.
The lawsuit initially was filed on Silva’s behalf while he was alive. After he died, it was refiled and carried on by his mother, Dorothy Heimbach, who sharply criticized the deputies’ actions and lamented her son’s death as preventable.
“It could happen to anybody because they’re not here to protect and serve. ... We want good cops on the force, not bad cops,” Heimbach told The Modesto Bee in January 2024. “I want them to serve their time like we would if we were doing something wrong.”
The Stanislaus County District Attorney’s Office said it did not become aware of Silva’s case until The Bee inquired about it in January 2024. That was over a year after Silva was paralyzed and about three months after he died.
The DA’s Office said it then contacted the Sheriff’s Office and asked to be briefed on the incident.
The District Attorney’s Office ultimately decided not to bring any criminal charges against the deputies who used force against Silva: Deputy Justin Camara and Detective Za Xiong.
A three-paragraph letter informing the Stanislaus County Sheriff’s Office of its decision was sent in June 2024. Five months later, the letter was released to the public.
During court proceedings, attorneys representing the county admitted they did not report Silva’s injury to the California Department of Justice. In documents provided to The Bee, deputies learned the day after their encounter that Silva’s neck was broken. The Sheriff’s Office also admitted it did not conduct any internal affairs investigation, according to the documents.
It’s unclear why deputies were called to the festival, other than they responded to a “disturbance.” When deputies arrived, they immediately placed him on the ground and handcuffed him.
The Sheriff’s Office did not respond to a request for comment by this story’s publication deadline.
