AUGUSTA — The man who is accused of murder, robbery and arson in the death of a Readfield man Feb. 8 acted in self-defense, his attorney told a judge Tuesday in Kennebec County Superior Court.
William Baghdoyan said David B. Silva Jr., 32, was defending himself against Robert A. “Bobby” Orr, 53, before he shot him.
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But after the hearing, Justice Michaela Murphy found probable cause to believe that Silva had committed murder and ordered him held without bail.
Silva is accused of fatally shooting Orr – with whom Silva and his girlfriend were living – then setting Orr’s home ablaze to destroy evidence of the killing and robbery. He fled the state and was arrested Feb. 10 in Massachusetts.
Silva has yet to be arraigned on the charges or enter a plea.
Murphy said she based her denial of bail on an affidavit that Maine State Police Detective Christopher Tremblay filed in court last week.
In court Tuesday, Tremblay recounted information in the affidavit.
In the affidavit, Silva’s girlfriend, Lindsay Spence, says Silva tried to calm her as they prepared to flee Orr’s home. “I just killed somebody. How do you think I feel?” he asked her, according to the affidavit.
But Baghdoyan said three of the witnesses whom Tremblay interviewed are heroin users, so their statements are unreliable. He also said Spence had told too many versions of the story – in a four-hour interview with police on the night of Feb. 9 – for her account to be considered reliable.
Spence told police that she awoke to the sound of two gunshots. She told police that she saw Orr’s body, slouched in a chair and missing part of his head, in the living room. In the affidavit, she said she and Silva then fled Maine in two vehicles – one was Orr’s pickup truck – and took Orr’s dog.
She told police that Silva took guns, money and jewelry from the home, and that Silva told her he had spread gasoline all over the house before setting it ablaze, according to the affidavit.
Baghdoyan claimed that the fire didn’t break out until four hours after Silva and Spence left.
Baghdoyan also questioned why Spence “helped dispose of the pickup truck and benefited from alleged items stolen from house” but has not been charged with any crimes.
He asked the judge to set bail, even suggesting “a high bail,” because, he said, the state lacked evidence to prove murder or arson.
While Murphy acknowledged credibility issues with some people who spoke to police, she said Silva’s conduct “was inconsistent with someone who acted in self-defense.”
Several friends and members of Orr’s family, including his widow, watched the hearing. They declined to comment afterward.
Silva’s next court appearance is scheduled for 10 a.m. April 26. He could return sooner if he is indicted by a grand jury.
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