Genesis Silva charged with killing girlfriend Brittany Battaglia in Chicago last summer
CHICAGO (CBS)-- Months after Brittany Battaglia's body was found in a duffel bag in his home last summer, her boyfriend Genesis Silva on Thursday was charged with first-degree murder.
Silva, 34, had been arrested days after she was killed in June, and was charged with multiple felonies, but not for killing her. That changed on Thursday, just days before he was set to go on trial.
It took seven months to bring the new murder charges against Silva. Cook County prosecutors shared vivid details when he returned to court on Friday.
Battaglia was last seen alive on June 2, 2023. Three days later, police found her body in a duffel bag – her head nearly severed – inside Silva's home.
Prosecutors detailed the cuts and swelling friends noticed on Silva's hands in the days Battaglia was considered missing.
Police found a large machete in a backpack as well, as many knives, in Silva's home. A tarp was on his kitchen floor, along with three garbage bags filled with black rubber gloves, blood matter, a disposable suit, and sponges.
Prosecutors said, when police asked Silva what was inside the large black duffel bag Battaglia's body was found in, he replied: "my stuff."
Silva, a registered sex offender, also faced attempted murder and sexual assault charges in 2009. Prosecutors said, while choking and sexually assaulting his then-wife, he threatened her with a knife, saying "why don't you just die?"
Silva pleaded guilty to criminal sexual abuse, and was sentenced to 2 years of probation, according to court records.
As for Battaglia's death, Silva was charged with concealment of a homicidal death and felony unlawful use of a weapon by a felon in June. So why did it take until now to add a murder charge?
"It's not unique. It does happen. It doesn't happen frequently. But bottom line is it's the duty of the States Attorney's office only to put cases in the system that they feel they can prove beyond a reasonable doubt," said CBS 2 Legal Analyst Irv Miller.
Miller said the new charges bring Silva's case back to square one.
"The case was scheduled for jury trial next week. I believe that will be continued now for months to get this case in a position to be tried as a murder case this time around," he said.
Silva is being held at the Cook County Jail. He is due back in court later this month.