Charges against boyfriend upgraded to murder in stabbing death of woman in Logan Square last summer

When Brittany Battaglia’s nearly decapitated body was found in the Logan Square home of her boyfriend last summer, police sought to have him charged with murder.

Instead, prosecutors only approved charges of concealment of a homicidal death against Genesis Silva, 34.

But days before Silva was to go on trial, prosecutors announced on Friday that he has now been charged with first-degree murder.

Battaglia, 33, was discovered in early June during a search of Silva’s apartment in the 2000 block of North Kimball Avenue, police said. She had last been seen days earlier after heading there from her home a block away.

Battaglia had been stabbed repeatedly, but the fatal injury was a slash across her neck that nearly decapitated her, according to authorities.

Sources told the Sun-Times that police had sought to charge Silva with her murder at the time of his June arrest, but the charge was rejected by the Cook County state’s attorney’s office, which told police to keep investigating.

Silva instead was charged with concealment of a homicidal death, a Class 3 felony. He was due to go to trial on that charge next week, with jury selection to begin Monday, but he was rearrested this week while being held at the Cook County Jail.

Assistant State’s Attorney Joseph Carlson revealed the new arrest Thursday during a hearing before Judge Mary Brosnahan for arguments on a defense motion to dismiss the earlier charges.

The new upgraded charges announced on Friday essentially start the process over for Silva, who had previously demanded trial to quickly have his case tried before a jury.

His private defense attorneys in the prior case declined to comment. Silva is being represented by the public defender’s office on the new charges.

Prosecutors revealed more details, but little significant new evidence about the case in court Friday.

Days before her body was found, Battaglia told her roommate that she was going to the home of Silva, whom she had been dating for more than a year, prosecutors said.

Battaglia was supposed to attend at a party the same night but never showed up, and she was reported missing after her family could not reach her.

While investigating her disappearance, detectives conducted a traffic stop on Silva.

Silva got out of the car with a backpack and returned to his apartment with detectives, where a large duffel bag was discovered in his bedroom, prosecutors said.

The detectives declared the apartment a suspected crime scene, and Silva was told to stay outside, according to prosecutors. After he allegedly tried to sneak inside through a back stairway, he was taken into custody.

A search warrant was obtained and detectives entered the apartment and found Battaglia’s body, as well as a tarp and garbage bags laid out in the kitchen, cleaning supplies and a paint suit, prosecutors said.

Two cellphones, two small pocketknives and an ice pick were found during a search, prosecutors said. A machete was allegedly found in Silva’s backpack and a second machete was found in his car.

Prosecutors have also charged Silva with unlawful use of a weapon by a felon, arguing that he was not allowed to possess a machete or an ice pick due to a 2009 conviction for sexual abuse.

In that case, Silva pleaded guilty after his charges were reduced from attempted murder and aggravated criminal sexual assault, officials said. Silva was also required to register as a sex offender.

In October, a second man, Peter Mathes, 37, was also charged with concealing Battaglia’s death. DNA collected from Silva’s apartment allegedly matched Silva, Mathes, Battaglia and a fourth person.

Prosecutors said that Silva made statements in recorded jail calls indicating Mathes had assisted in cleaning up the apartment, and that cellphone records further indicated his involvement.

In court Friday, prosecutors said they believe Silva was the only person with access to the apartment when Battaglia was killed and said they were confident that Mathes did not become involved until later, and then only with concealing the killing.

Mathes was released on electronic monitoring while his case is pending. He appeared in court Wednesday for a brief hearing before Brosnahan. His next court date was set for Feb. 29.

Contributing: Mary Norkol