Converse

PROVIDENCE — A Barrington teenager entered a plea agreement yesterday and was sentenced to serve two years in the state Training School for driving while intoxicated and slamming a car into a tree, killing his best friend.

Michael J. Silveira, 17, of 91 Sowams Rd., pleaded no contest to a charge of driving under the influence with death resulting. He admitted that he and a small group of teens spent the evening of Nov. 5 drinking Busch Light, and that he had a blood alcohol level above the legal limit when he sped down New Meadow Road and crashed, killing one of his passengers, 16-year-old Jonathan C. Converse.

Family Court Chief Judge Jeremiah S. Jeremiah Jr. said he thought Silveira should be sent to an adult court and the Adult Correctional Institutions. “If you want to act like an adult, you should suffer the adult consequences,” he said.

But Jeremiah said he decided to honor the plea agreement because the attorney general’s office, the Barrington police and Converse’s parents supported that outcome. “I respected the wishes of the victim’s family,” he said later.

Jeremiah imposed a seven-year sentence, with five years suspended and two years to be served at the Training School, and he revoked Silveira’s driver’s license until he turns 21. The judge also ordered Silveira to perform 300 hours of community service and to receive alcohol counseling

The Barrington police originally charged Silveira with driving to endanger, death resulting, which carries a maximum penalty of 10 years in prison. But as part of the plea agreement, Assistant Attorneys General Susan Urso and Jay Sullivan changed that charge to driving under the influence, death resulting, which carries a maximum penalty of 15 years in prison.

The attorney general’s office also agreed to drop a charge of refusing to submit to a chemical test, noting Silveira admitted being drunk behind the wheel.

Originally, state prosecutors were seeking to waive Silveira out of Family Court to an adult court. But as part of the plea agreement, they instead asked that Silveira be “certified” under a section of state law that provides a half step between keeping someone in Family Court and waiving them to an adult court.

Attorney General Patrick C. Lynch said, “What happened in Family Court today shows how well the juvenile-justice system can work. Certifying this young offender — giving him an adult sentence but keeping him in the custody of the juvenile system for the next two years — is a creative, proportional and appropriate outcome to this case. Our hearts go out to the Converse family for the indescribable loss they have suffered.”

The sentencing followed an emotional Family Court hearing in which Converse’s parents and Silveira addressed the judge.

Daniel Converse read a statement that his wife, Terry Converse, had written. “Our lives are shattered, forever altered,” he began. “And we are left with broken hearts and spirits due to his unnecessary and untimely death.”

Converse described his son as “a beautiful, happy kid who has been adored from the day he was born,” saying, “All of the condolences we have received and the letters from friends and family have only validated that Jonathan was a person who spread joy and smiles to all he encountered. Nothing will ever fill the void he has left.”

Converse said his wife has worked with disabled people for 25 years but now she “cannot help them or face her colleagues because she can’t get through an hour without crying.” He said his daughter has been unable to finish this semester at college, and he said he has a hard time just getting through each day.

When his son’s friends come over, “some say that they are OK while others say they don’t want to be alone or they continue to cry and seek answers from us,” Converse said. “We have none.”

Converse said he and his wife will never get to see their son go to a prom, graduate from high school or meet the girl of his dreams. “We can only wish that no one — no one! — will ever go through this unendurable pain,” he said. “It is a tragedy for everyone involved.”

Converse said there is no doubt his son made some poor decisions that night. “We certainly question our own decision to let Jon stay out later than he would have if there had been school the next day,” he said. “All of the ifs, buts and whys will never be answered, and we can now only try to find something productive and meaningful for the future.”

Converse said it’s important that those involved in the fatal crash — “from its planning stages” to “its ultimate conclusion” — be held accountable. “The driver will be accountable for this,” he said, referring to Silveira. But, Converse told the judge, “My request to you is that his accountability not mean that he spend any time at the Adult Correctional Institutions.”

Dressed in a dark suit, blue shirt and tie, Silveira then stood before the judge. “Mr. and Mrs. Converse are great people, and I’m so sorry about everything that happened,” he said. “I miss Jon every day. My best friend is gone.”

With his parents looking on, Silveira, said, “I just want to apologize for everything, all the pain I’ve caused people around me.”

Jeremiah imposed the sentence, and a deputy sheriff took Silveira away to the Training School in handcuffs as members of his family wept and Terry Converse sobbed.

After the hearing, Assistant Attorney General Sullivan said, “We felt this was the appropriate disposition because of his age and because Family Court didn’t have sufficient time to deal with him.” He noted the General Assembly recently lowered Family Court jurisdiction from age 21 to 19. Also, he said Converse’s family “was adamant that he not go to the ACI.”

The Journal asked Converse’s parents why they did not want Silveira to go to the ACI. “He’s a kid, and I don’t feel he should be in an adult facility,” Daniel Converse replied. But he said he did want Silveira to be held accountable. “Actions have consequences,” he said. “It’s meaningless without them.”

The Converses said they would like to see some state laws changed. For example, Terry Converse noted the owner of SNM Liquors in Providence was fined $250 for selling alcohol to minors in a sting operation, which came after two Barrington teens said they went to that store to buy some of the alcohol that played a role in the fatal crash. By comparison, motorists can be fined up to $500 for littering, Terry Converse said, calling for stiffer penalties for those who sell alcohol to minors.

Outside the courthouse, Silveira’s father, also named Michael Silveira, said, “I’m very sorry for the Converse family and for what happened.”

One of Silveira’s lawyers, William J. Murphy, who is speaker of the state House of Representatives, said, “My client and his family are broken up over what happened. It was my client’s good friend that passed away. My client is very remorseful for what happened on Nov. 5.”

Silveira turned 17 on Nov. 27, and Murphy said, “By no means did I want my client to be sentenced to the ACI. He is a young man with no prior criminal record.”

Murphy said, “I think it’s a lesson for all of us to learn. The lesson is kids should realize they should not drink and drive. There is no good ending to a case like this, with two families that have been devastated.”

efitzpat@projo.com