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Family says justice hasn't been served for in-custody death

BAKERSFIELD, Calif. (KBAK/KBFX) Dozens of people out front of superior court Thursday evening chanted for justice for David Silva.

Silva died one year ago to the day after a confrontation with Kern County deputies.

Although the district attorney's office said it is not filing any criminal charges against the deputies involved, it's Silva's family that says they will strive for justice.

"Justice to us are the officers responsible, those officers, especially the ones that went full swing on David with batons, to be held accountable," said Chris Silva, who is the brother of David Silva

The deputies and California Highway Patrol officers involved were cleared of any wrongdoing. The FBI has also launched a separate investigation into the case. However, there is no word on the status of that federal review.

The family of David Silva has filed a civil suit against the sheriff's office, claiming deputies used excessive force resulting in wrongful death.

"We're not going to give up, and even though the D.A. is not going to be prosecuting the people that did this to my son, we don't believe in that just looking over the sheriff's report means you're doing your own investigation," said mother Merri Silva.

An autopsy showed David Silva's death was accidental, and he died of heart disease.

The witnesses who taped the confrontation are also suing the sheriff's office for taking their cellphones without consent.

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