A convicted murderer whose parole in Massachusetts was previously revoked has once again been granted parole.
In 2004, a Bristol County Superior Court jury convicted Justin Gaouette, now 44, on charges including second-degree murder in the death of 27-year-old David Silva. He was sentenced to life in prison without the possibility of parole on the charge.
In 2021, Gaouette was granted and released on parole, according to Massachusetts Parole Board documents. But just two years later, he violated the conditions of his release and was taken back into custody.
On Jan. 6, the Massachusetts Parole Board once again granted Gaouette parole to a long-term residential program under special conditions.
“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,” the parole board wrote in its decision.
David Silva’s murder
In the fall of 2002, David Silva’s brother, Matthew Silva, borrowed $20 from Gaouette, who was 19 at the time. Matthew Silva promised to help Gaouette install a radio in his car in exchange for the money, according to the parole board hearing report.
But in November 2002, the car was involved in an accident, and Gaouette no longer wanted to have the radio installed. Instead, he demanded his money back from Matthew Silva. Silva did not pay Gaouette back, and this sparked hostility between the two men.
The conflict between the two men escalated until, on New Year’s Eve 2003, Gaouette realized that Matthew Silva didn’t intend to pay him back, and threatened to fight him over it. Tensions continued to mount the next day, and Gaouette and his girlfriend drove to confront Matthew Silva at a house in New Bedford while armed with a gun.
Matthew Silva came out of the house with a baseball bat and smashed one of the windows on Gaouette’s car. Gaouette grabbed his gun and fired three times, hitting Matthew Silva in the elbow.
As this was unfolding, David Silva came around the back of Gaouette’s car and reached in the driver’s side window to try to disarm Gaouette. As a result, one of the gunshots hit David Silva, and he soon collapsed on the ground.
Gaouette drove away from the scene and was later pulled over and arrested by police. David Silva was declared dead at a hospital.
Gaouette’s conviction and sentence
On Feb. 6, 2004, Gaouette was convicted on charges of second-degree murder, assault and battery with a dangerous weapon, receiving stolen property and two firearms charges.
Gaouette was initially denied parole in 2017. But after a hearing in 2019, he was granted parole and released in 2021, according to the parole board report.
Then, in 2023, Gaouette violated the conditions of his release and was taken back into custody. It is unclear how he violated his parole, but he was denied re-parole in 2024.
Gaouette has not received any disciplinary reports since he was taken back into custody, according to the Massachusetts Parole Board. He has completed multiple rehabilitative programs “to address his need areas,” obtained his GED and “hopes to continue to pursue his education.”
“Mr. Gaouette demonstrated insight into his actions which resulted in his return to custody. Mr. Gaouette invested in the Board’s recommendations and re-entry planning,” the board wrote in its Jan. 6 decision.
The Massachusetts Parole Board considered his application for parole during a hearing in July 2025. On Jan. 6, it granted him parole to a long-term residential program following nine months in a lower security prison.
While on parole, Gaouette will be subject to a curfew and monitored for drug and alcohol use. He is also barred from having contact with David Silva’s family and must utilize mental health supports.
