AUGUSTA — There will be no bail for David B. Silva Jr.

Silva, 32, is accused of robbing then murdering Robert A. Orr, 53 — the man who sheltered him and his girlfriend — then setting his Readfield home ablaze.

Silva was arrested Feb. 10 in his hometown of Carver, Mass., two days after police say Orr was murdered. He has been held without bail since.

Justice Michaela Murphy on Tuesday refused to allow Silva bail after a special bail proceeding in Kennebec County Superior Court. The only witness was the primary investigator in the case, Maine State Police Detective Christopher Tremblay, who described the process police used to connect Silva to Orr’s death, the robbery and arson.

The prosecutor, Deputy Attorney General William Stokes, asked the judge to deny bail.

Stokes had Tremblay outline Silva’s criminal record, which includes a conviction in California and time spent in San Quentin prison in 2004 for “false imprisonment with violence” and theft.

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Silva’s defense attorney, William Baghdoyan, asked that the judge set bail — even suggesting “a high bail” — saying the state lacked evidence to prove murder or night-time arson, offenses formerly classified as “capital crimes.”

He said three witnesses interviewed about the events that occurred Feb. 8 and 9 were heroin users whose statements are unreliable.

Baghdoyan said Silva’s girlfriend, Lindsey Spence, told many different versions of the story. He also offered a preview of Silva’s defense, describing a scene in which Orr first shot at Silva, then had Silva wresting the gun from Orr and killing him in self-defense.

Baghdoyan said the fire, which destroyed the Orr home, didn’t break out until four hours after Silva and Spence left, something inconsistent with Spence saying Silva spread gasoline all over the house.

In a ruling from the bench, Murphy said, “The court does find probable cause the defendant has committed a formerly capital offense, murder.” She said she based her findings on Tremblay’s affidavit, which was filed with the court late last week.

She acknowledged credibility issues with some of those who spoke to police. However, she said, Silva’s conduct “was inconsistent with someone who acted in self-defense.”

Silva, blue tattoos visible on his forearms, sat quietly, hands folded at a table in the small courtroom. He wore an orange, jail-issued uniform, with orange soft sneakers. He had very short, dark hair and was clean-shaven. He has yet to be arraigned or to enter a plea on to the charges.

Several members of Orr’s family — including his widow and friends — watched the hearing. They declined to comment afterward, but one woman wearing a T-shirt that said “Orr 721,” said, “We’re just happy with no bail.”


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