Guilherme Silva, who was detained by Immigration and Customs Enforcement near his home in Friday Harbor in July and later charged with sexual exploitation of a minor in Whatcom County, was released from police custody and had his felony case dismissed without prejudice on Oct. 6.
“Three months ago, after being incarcerated and treated like something less than human, I thought I’d never come home again,” Silva told the Journal. “Despite my education, my art, and my work serving communities like San Francisco, Las Vegas, and Friday Harbor, I was called a ‘threat’ to this country. Everything felt cold and hopeless — yet I kept telling myself, tomorrow will be better. Those who know my love for my daughter never doubted my innocence and the father that I am.”
Silva was traded from ICE custody to Homeland Security on charges of sexual abuse on July 30, the same day his wife, Rachel Leidig, paid bail for his release from the Tacoma immigration detention facility. Homeland Security claimed it found inappropriate images on his phone that was taken from him during his immigration arrest. Investigators planned to conduct a full forensic investigation.
Silva was issued a no-contact order for the alleged victim and issued bail in the amount of $250,000. The Washington Statewide Bail schedule has a suggested bail of $5,000 for each of his charges (9.68A.040 and 9.68A.070)
On Aug. 6, Silva’s defense attorney, Robert Butler, requested all documentation/evidence from the state, a process known as discovery. On Aug. 20, he noted to the court that nothing had been received and that Silva had been detained without evidence.
“A variety of remedies could be granted,” Butler noted to the judge. “The state has been aware of this motion since Aug. 6 and has not responded with ANY documentation to support the ongoing detention of Mr. Silva, or reason why they have not turned over discovery when a person has been detained for over 40 days.”
The Judge ordered the State to produce discovery by Aug. 28. It did not.
On Aug. 29, Gui’s defense filed an objection to venue, citing no discovery had been provided by the state to indicate Whatcom Superior Court as the proper forum for trial. On Sept. 3, the State filed a list of witnesses, along with a motion to have the trial continued due to the primary investigator, Krystle Mendoza, being unavailable to testify.
At a hearing on Sept. 12, the court found mismanagement under Washington Court Rule (CrR) 8.3, based on outstanding discovery by the state. The court ordered a remedy that Silva be released on his personal recognizance — meaning without paying bail — and allowed him to cross state lines into California, but denied the motion to dismiss the case.
On the day the next status check was scheduled, Oct. 6, the state filed a motion for dismissal, without prejudice, stating that “the State believes additional time is needed for the investigation to be completed. Based on the investigation, the state may elect to refile charges in the future.”
Silva was able to be in California with his wife when she gave birth to their son on Oct. 10. His immigration case has been moved to California, where he doesn’t have a hearing scheduled until 2026.
“Beside the love of my life, Rachel, I was present to witness the birth of my son, Isidore — a miracle after so many sleepless nights in a cell, haunted by fear and violence. The trauma lingers, but so does gratitude,” Silva said. “I survived an experience woven with terror and racism. And if you’re reading this, know that change is possible, but only if we keep fighting for it. Immigrants are not criminals. Justice is not charity. It is a collective responsibility. We are part of the story of this country — and we all deserve to be seen, heard, and free.”
Leidig says she is both grateful and heartbroken.
“The past few months of pain, trauma and injustice were unbearable and unnecessary. We are forever grateful for all the support we received from our family, friends and community,” she said. “Our family has been guided by love. We will continue to use the challenges and corruption we’ve experienced for a larger purpose. We are settling in with our baby boy whom we are so in love with and looking forward to a future full of love, light and happiness. Holding each other tighter and closer than ever.”
