Man, who had parole previously revoked concerning New Bedford $20 dispute that led to murder, granted parole with conditions

Parole has been granted with conditions for a man convicted in a New Bedford murder who had been previously released.

According to the Parole Board, in the fall of 2002, Matthew Silva borrowed $20 from 19-year-old Justin Gaouette in New Bedford and, in exchange, promised to help install a radio in Gaouette’s vehicle. In November 2022, Gaouette’s vehicle was involved in an accident, and he no longer wanted the stereo. He wanted his money back instead. Silva did not repay the debt, which incited hostilities between the two men. Between Thanksgiving and Christmas 2002, Gaouette acquired a handgun. The conflict between the two men continued. It escalated on New Year’s Eve, when Gaouette threatened to fight Silva upon realizing that the latter did not intend to repay the debt. After a near-fight the day before, tensions continued to mount on New Years Day 2003, when a conversation between the men’s girlfriends about the previous day devolved. Gaouette made a series of threats to fight Silva, which were relayed both through his girlfriend and directly to him. 

Gaouette retrieved a .38 caliber revolver that he had recently purchased and loaded it with six bullets. He and his girlfriend drove to confront Silva. Present with Silva were his two brothers, namely David Silva, and a group of their friends. Matthew Silva had gone into the house just prior to Gaouette’s arrival. He emerged and moved quickly towards Gaouette’s vehicle with a baseball bat, ultimately smashing the window with it. Gaouette retrieved his firearm and fired three shots, one of which struck Matthew Silva in the elbow and another which struck David Silva. David Silva collapsed on the sidewalk and was pronounced dead at the hospital. After firing the gun, Gaouette drove away. He was later pulled over by police, whereafter he made statements of admission. 

On February 6, 2004, following a jury trial in Bristol Superior Court, Gaouette was found guilty by a jury of second-degree murder in the shooting death of David Silva. He was sentenced to life in prison with the possibility of parole. On that same date, he was sentenced to 8-12 years for armed assault with intent to murder, 4-5 years for assault and battery with a dangerous weapon, 4-5 years for unlawful possession of a firearm, and 4-5 years for receiving stolen property, all to run concurrently. In addition, a charge of unlawful possession of ammunition without an ID card was filed. 

Parole was denied following an initial hearing in 2017. After a review hearing in 2019, parole was granted to a Long-Term Residential Program or Community Resources for Justice-Transitional Housing, but not before completion of 12 months in lower security and completion of Restorative Justice. Gaouette was released to parole supervision on March 24, 2021, but his parole was revoked in 2023.

After being released from parole, Gaouette completed CRJ and held several jobs. He had some minor adjustment issues according to the Board, but appeared to decompensate after entering into an unhealthy relationship. His then girlfriend quickly became pregnant. Gaouette was forthcoming in his hearing, acknowledged that he was engaged in reckless behavior, domestic violence, and was emotionally overwhelmed. Gaouette also acknowledged that he was not utilizing his counseling and was not open and honest with parole.

The Board noted that since being returned to custody in 2023, “Gaouette has not received any disciplinary reports. He has completed multiple rehabilitative programs to address his need areas. He obtained his GED while incarcerated and hopes to continue to pursue his education. Gaouette demonstrated insight into his actions which resulted in his return to custody. Gaouette invested in the Board’s recommendations and re-entry planning. The Board considered public testimony in support of parole from a member of the community. The Board concludes by unanimous decision that Justin Gaouette has demonstrated a level of rehabilitation that would make his release compatible with the welfare of society.” 

Special conditions for Gaouette’s parole include: Long-Term Residential Program after a total of nine months in lower security; Waive work for 2 weeks or program; Must be home between 10 PM and 6 AM or at PO’s discretion; Electronic monitoring for 6 months; Supervise for drugs, testing in accordance with Agency policy; Supervise for liquor abstinence, testing in accordance with Agency policy; Report to assigned MA Parole Office on day of release; No contact or association with [named individual redacted]; No contact with victim’s family; Must have mental health evaluation evaluate for ADHD and follow recommendations; Must have mental health counseling for domestic relations; AA/or NA at least 3 times/week; Other – Must utilize one of the following: Mentor, Peer Support, or Recovery Coach; Mandatory – GPS Exclusion Zone – Mass & Cass except for medical appointments.