DA: Former Stockton Mayor Faces 8 New Felony Charges

SAN JOAQUIN COUNTY -- The San Joaquin County District Attorney's Office has filed eight new charges against former Stockton Mayor Anthony Silva.

They include things like grand theft by embezzlement of $19,000 dollars from a charitable fund, more than $5,000 from a city discretionary fund and misappropriation of Stockton dollars.

"We categorically deny these allegations," said Silva's attorney Allen Sawyer said.

FOX40 caught up with Silva at work, but his lawyer would not let him speak on camera.

"He's trying to move on with his life," Sawyer said. "It's like getting a cancer diagnosis and you just can't get away from it, no matter how hard he fights. He's been waiting years to walk up into a courtroom and defend himself. And now right on the steps of he's faced with new allegations from the same period of time."

Last year, Silva was arrested at San Francisco International Airport in March of last year after an overseas trip. He was facing embezzlement, money laundering and grand theft charges relating to his role at the Stockton Kids Club, formerly known as the Stockton Boys and Girls Club.

He spent a total of 10 days behind bars.

Before that, Silva was busted in a youth camp strip poker scandal. Now, like then, his lawyer says looks can be deceiving.

"They did send a SWAT team of about 50 to 60 agents, including federal agents. And at the end of the day, he got 40 hours of community service for giving a beer to someone who was over the age of 18," Sawyer said. "That's what that case ended up being and that was two years in making. So a lot of this hasn't exactly been exactly as billed."

A deputy district attorney tells FOX40 five of the eight charges are also being filed against Silva’s former executive assistant Sharon Simas.

Stockton Councilwoman Christina Fugazi, who served as Silva's vice mayor, also questioned the claims about discretionary funds in the new charges. She told FOX40 by phone that the city attorney and city manager have to sign off on any use of such funds before the city accountant reviews the expenditure and cuts a check, specifically to limit abuse.

The newest charges also accuse Silva of having an AR-15 and ammunition prohibited as a result of the case involving supposedly inappropriate contact with teens at the summer camp. Another lawyer for Silva says his client was never made aware of any such provision and this charge falls short of the law.

"There was nothing said. There was no receipt signed by him that said he couldn't possess firearms," said attorney Mark Reichel. "You have to have notice because we only want to publish what's called guilty minds."

The DA's office released the following information on the new charges:

Count One: Penal Code section 487(a), grand theft by embezzlement, a felony. This count alleges the theft of over $19,000 by Silva and Simas from a charitable disbursement fund operated by a third party.

Count Two: Penal Code section 186.10, money laundering, a felony, by Silva and Simas.

Count Three: Penal Code section 424(a)(1), embezzlement by a public officer, a felony. This count alleges the misappropriation of public funds in excess of $5,000 by Silva and Simas, from the City of the Stockton’s discretionary fund.

Count Four: Penal Code section 487(a), grand theft by embezzlement, a felony. This count alleges the theft of over $4,500 by Silva, from the City of the Stockton.

Count Five: Penal Code section 424(a)(1), embezzlement by a public officer, a felony. This count alleges the misappropriation of public funds of $18,000 by Silva and Simas, from the City of the Stockton’s discretionary fund.

Count Six: Government Code section 1090, conflict of interest, a felony. This count alleges a conflict of interest by Silva and Simas, while they were both employees of the City of Stockton.

Count Seven: Penal Code section 30305(a)(1), possession of ammunition, a felony. This count alleges the possession of ammunition by Silva on March 22, 2018. Silva was prohibited from possessing ammunition pursuant to a protective order issued by Amador County Superior Court on September 17, 2017.

Count Eight: Penal Code section 29825(a), possession of a firearm, a felony. This count alleges the possession of an AR-15 type rifle by Silva on March 22, 2018. Silva was prohibited from possessing a firearm pursuant to a protective order issued by Amador County Superior Court on September 17, 2017.

Additionally, Silva faces a misdemeanor charge after signing Donald Trump's name on a written promise to appear instead of his own, according to Reichel.

Silva appeared in court on Sept. 25 but Simas was out of the country and will be arraigned when she gets back. Both are expected to appear in court on Oct. 16 at 9 a.m.

FOX40 reached out to current Stockton Mayor Michael Tubbs for his reaction to what may have allegedly happened to his city. Unavailable for on-camera comment Wednesday, he said he was drafting a written statement about the situation but FOX40 has yet to receive it.