John Anthony Silva

Case information

John Anthony Silva was convicted of first-degree murder for strangling a 12-year-old playmate, Jerry Lee Alley Jr., and hiding the body in a dry septic tank.

Background

Jerry Lee Alley Jr. was 12 years old. He lived with his grandparents, Marvin Alley and Anne Alley, who had adopted him. Jerry Alley’s parents were divorced.

Silva was a 15-year-old boy. Silva was a neighbor and schoolmate of Alley in a rural neighborhood of Interlachen, about 15 miles west of Palatka in northeast Florida. Silva and Alley attended the same middle school and rode the same school bus.

Silva’s mother was Cynthia Silva.

The offence

Alley disappeared after going out on his bicycle. His body was later found hog-tied at the bottom of a dry septic tank.

Alley’s body was described as having his hands tied behind his back and tied to his ankles with an Ace bandage. Another Ace bandage and an electrical cord were wound around his throat. The bandage was wrapped four times and the electrical cord was tied in a loose slipknot, leaving pressure marks and causing an internal, linear hemorrhage. His pants and underwear were pulled below his buttocks, and his pants pockets had been cut out.

An autopsy later confirmed that Alley died of strangulation only hours after going off to ride around the unpaved, sandy, forest-lined streets that he called home. Investigators said there was no evidence that Jerry had been raped.

A handwritten note was found with Alley’s remains. The note was on lined, notebook paper or loose-leaf paper marked with blue ink and included misspelled lines and instructions. The note included:

• "LIST TO PREPAIR JAREY STRIP TO UNDERWARE +RAP IN TOWER TIE HANDS GAG COVER EYES"

A second version described the note as reading:

• "LIST TO PREPAIR JAREY"
• "STRIP TO UNDERWARE + RAP IN TOWER"
• "TIE HANDS"
• "GAG"
• "COVER EYES"

Investigators said it could not be determined what "rap in tower" meant, and it was suggested it might mean "wrap in towel." Witnesses and investigators treated the note as written by Silva, and prosecutors said it matched his handwriting.

Investigators said Silva admitted placing Alley inside the abandoned septic tank and tying him up.

Investigation

A search began immediately after Alley failed to return home on time after playing on his bike in his rural neighborhood. Search efforts involved tracking dogs, helicopters, firemen, policemen, and hundreds of civilian volunteers.

Dawn Marie Bachman reported a dream in which she saw Alley sitting in an abandoned septic tank. She recognized the location as property where children regularly used an abandoned septic tank as a fort. Bachman took action and went to the lot, where she asked a volunteer fireman to check the septic tank.

Volunteer firefighter Chris Pellicer went with Bachman to the septic tank area. When plywood and a wood pallet covering the tank were moved, Pellicer found Alley’s body in the tank. The body was described as lying beneath Alley’s red and black bicycle.

Items found with the body inside the septic tank included Alley’s empty green backpack, three Pokemon cards, and the handwritten note. At one point, police also found a green University of North Florida backpack and a pair of yellow scissors, and a Pokemon trading card alongside items inside the tank.

Investigators uncovered information suggesting Silva knew more than he was telling. Stephanie Taylor, a friend of Silva’s sister, said that on the day of Jerry’s disappearance, Alley asked for John at the Silva house and then disappeared shortly afterward; she also said Silva left the house carrying a plastic shopping bag on the bicycle handlebars and returned dirty and sweaty without the bag.

On another account, investigators described that Silva left the house immediately behind Alley with a brown paper bag on the handlebars, was gone about half an hour, and returned without the paper bag.

During questioning, Silva’s story changed. At times Silva told different accounts, including saying he did not see Alley at all, leaving together to look for a friend and then that Alley rode off with other boys, and suggesting a “pervert with a car.”

Eventually, Silva told investigators that he and Alley were riding their bikes looking for a friend, that they stopped at the septic tank known to local kids as "The Fort" to wrestle, and that Alley was hurt in rough play. Silva said he took Alley down into the tank to “cool down,” that Alley fell and hit his head, and that he tried to stop bleeding with an Ace bandage. Silva said he tied Alley’s hands in front to keep him from being hurt, covered the tank, and left. He also described leaving Alley inside after throwing the book bag and bicycle into the tank.

Investigators described that in taped interview details, Silva said he carried the bandage because his own leg had been injured weeks earlier, tried to keep Alley awake, and said he tied Alley’s hands so Alley would not hurt himself. Prosecutors and others described physical evidence showing the victim’s hands were tied behind his back, not in front, and that an autopsy found no head injury matching Silva’s claim.

Investigators said both boys’ fingerprints were on the note: three prints from Silva and one from the victim, according to Joseph Dorsey of the FDLE. A Florida Department of Law Enforcement analysis matched Silva’s handwriting samples.

Investigators looked at listed sex offenders in the area as possible suspects and cleared all known sex offenders despite lack of rape evidence.

Authorities suspected Silva because he was last place Alley was seen alive and because of friends who overheard him make remarks about Alley’s death.

Arrest

Silva was arrested late Tuesday and charged as an adult with first-degree murder and kidnapping in connection with Alley’s strangulation death.

Silva’s arrest time was described as about 8:30 p.m. Tuesday. Investigators said Silva’s home was the last place Alley was seen alive and that several people said Silva left after Jerry and made remarks about the way Jerry died.

A report described that Silva admitted to causing Jerry Alley’s death and to placing Jerry inside the abandoned septic tank and tying him up.

Trial

Silva was tried as an adult. A grand jury found the evidence sufficient to support a charge of first-degree murder.

At the time of conviction options, jurors had the option of considering second-degree murder or manslaughter.

Silva entered a plea of "Not Guilty." The jury deliberated less than two hours before finding him guilty of first-degree murder.

Silva’s attorney requested that jurors find Silva not guilty or consider lesser charges. The defense argued about the timeline, including that Silva had been away from the Silva home for only 30 to 35 minutes on May 26, and it would take longer than 10 minutes to ride a bicycle to and from the vacant lot due to sandy red clay roads. The defense also argued that Silva’s inability to remember details could suggest fear or that another person was involved.

The defense also pointed to statements about possible bullies and suggested police told Silva information about being seen with other boys around the time of the crime; prosecutors argued this reference was made up to try to elicit information.

Closing argument by prosecutor Garry Wood included discussion of the note and the physical evidence. Wood described the note as:

• "The note's inescapable." Wood also said the note "sticks to him [Silva] like glue he won't shake off his body."

Wood said the evidence included items found where the body was discovered and described the “instruments of death.”

Defense counsel Douglas Withee made arguments at closing and read or referenced that Silva wrote a school assignment in which Silva agreed with the statement "kids [should be] charged as adults," and wrote:

• "Kids will think twice about crimes, teaches lessons,"
• "you do the crime, you do the time."

Silva showed no emotion after the verdict was read, and he was required to be supported by court officers.

Sentencing

Silva was sentenced to life in prison without parole on March 14, 2001.

At sentencing, the statements included Anne Alley asking the court to send Silva to prison for life and making a statement about children killing children and consequences. The sentencing also included Cynthia Silva’s statement:

• "I still do not believe that he did this crime," and additional remarks that Silva was extremely immature and did not understand most of the process and what was going on.

Nichols agreed to recommend that Silva be housed in a juvenile facility until he reached 21, when he would be transferred to an adult prison. Silva would be taken to a prison reception center in Lake Butler for final placement determination.

Judge Arthur W. Nichols III denied motions for a new trial and for a judgment of acquittal and rejected an argument by Assistant Public Defender John Stephenson that sentencing juveniles to life in prison without parole is unconstitutional.

Outcome

The jury convicted Silva of first-degree murder. The conviction resulted in a mandatory life sentence without parole.

Timeline

• May 26, 2000 — Jerry Lee Alley Jr. disappeared after going out on his bicycle; he did not return home by the expected time.
• May 29, 2000 — Alley’s body was found inside a dried-up septic tank used by area children as a fort.
• February 9, 2001 — The jury convicted Silva of first-degree murder.
• March 14, 2001 — Silva was sentenced to life in prison without parole.
• September 2001 — Additional narrative materials about the case were published (including material attributed to Judy Dixon and KudzuMonthly.com).

Other details

Alley’s case included references to taunts at school including "homo" and "faggot" mentioned in narrative materials.

A Putnam County Sheriff's Office announcement described that the victim’s body had an elastic bandage around his neck and his hands bound behind his back and that Steiner believed the boy was slain sometime that night.

The trial and sentencing were described as involving Judge A.W. Nichols III (and also referenced as Arthur W. Nichols III). Prosecutors included Garry Wood.

Jurors’ option included second-degree murder or manslaughter.

Silva’s statement in a police interview included a message to Marvin and Anne Alley:

• "I'm sorry. I didn't mean for this to happen."

In sentencing-related reporting, it was noted that only Silva’s mother, Cynthia Silva, asked that he be sent to a juvenile facility, and Nichols agreed to recommend juvenile housing until age 21.

After the verdict, Marvin Alley embraced Cynthia Silva. Anne Alley publicly described the verdict as bittersweet.