RHOC’s Katie Ginella Named ‘Aggressor’ in 2015 Traffic Incident Leading to Alleged Wrongful Arrest.
RHOC’s Katie Ginella Named ‘Aggressor’ in 2015 Traffic Incident Leading to Alleged Wrongful Arrest.
Katie Ginella, known from Real Housewives of Orange County, was named the "aggressor" by police in a 2015 incident involving Sidnei Silva, who later accused her of causing his wrongful arrest. The event began when Katie reported an “aggressive driver” harassing and videotaping her, leading to an encounter that escalated with Sidnei's arrest and subsequent lawsuit against Katie and the Cobb County Police.
According to the police report, Katie called authorities on April 12, 2015, alleging that Sidnei had been tailgating her, flashing his middle finger, and honking, which she said frightened her children. She claimed Sidnei recorded her and yelled, prompting her to pull over to tell him to stop. Katie alleged Sidnei then blocked her from returning to her vehicle, so she called the police for assistance.
When officers arrived, they found Sidnei still recording Katie and her children. They ordered him to return to his car, which he ignored. The report states that Sidnei approached one officer “in an aggressive manner,” leading to his detention. Officers described him as “disorderly” and accused him of hindering the investigation. He was subsequently placed in handcuffs and detained in a patrol car.
INCIDENT/INVESTIGATION REPORT
Cobb County Police: Narrative Transcript:
On April 12, 2015, at approximately 1905 hours, I was dispatched to the area of Sandy Plains Rd and Patten Dr, Marietta in reference to an aggressive driver who was harassing ahd videotaping the complainant, Katie Sundseth as she was driving. As we were en route to the call, the dispatch updated that the subject was out of his vehicle and recording and yelling at Katie and her children.
When I arrived on scene at 1914 hours, Katie Sundseth was in her vehicle along with her three children. Sidnei DeSilva was outside of his vehicle recording Katie Sundseth and her children with his cell phone. I observed Sidnei recording Katie and I could hear yelling but I was unable to determine what was said. I then heard Officer Monahan give commands to Sidnei to return to his vehicle to separate the parties. After giving several commands to Sidnei to return to his vehicle from Officer Monahan and I, Sidnei continued to ignore our commands and recording the incident.
Officer Monahan and I told Sidnei multiple times to get into his vehicle so we could continue our investigation. Sidnei told both me and Officer Monahan "no that he would not get into his vehicle." Sidnei then walked towards Officer Monahan and me in an aggressive manner by walking quickly and appearing agitated. Officer Monahan then stepped in to gain control of Sidnei and walked him to his vehicle. Sidnei told Officer Monahan that he is not allowed to push Sidnei DeSilva. Officer Monahan continued to advise Sidnei to return to his vehicle and comply with his commands.
At this time in our investigation the primary aggressor and actual events of the situation were unclear. In an attempt to separate both parties and thoroughly investigate the incident, we requested Sidnei to stay in his vehicle, however, Sidnei refused to comply.
Officer Monahan asked Sidnei for his driver's license and Sidnei replied "no" and that he had the right to videotape the incident. Officer Monahan asked Sidnei again for his driver's license and Sidnei said he would not give Officer Monahan his wallet. Sidnei then grabbed his driver's license and held it in the air but would not hand the license to myself or Officer Monahan.
At this time in my investigation, I was unable to get further information regarding the incident because Sidnei would not comply with any orders given to him by either myself or Officer Monahan. Sidnei kept yelling and being disorderly which hindered my investigation. At 1929 hours, Officer Monahan and I deemed it was necessary as a safety precaution due to Sidnei's inability to follow lawful commands and his disorderly actions for a constant 15 minutes that he be detained in handcuffs.
Due to Sidnei's actions and yelling in public I placed Sidnei in my patrol vehicle so I could continue my investigation and to keep the scene contained.
Katie said she was traveling east bound on Sandy Plains Rd and Sidnei began to tailgate her vehicle and following her closely where he could have rear ended her vehicle. Katie stated Sidnei flicked her off using his middle finger. Katie advised Sidnei then continued to honk his horn at her causing her distraction. Katie stated Sidnei was recording her and her children with a cell phone, and yelled at her all the meanwhile driving. Katie said her children were scared and started to cry so she pulled the vehicle over to tell Sidnei to stop recording her. Katie said when she got out of the vehicle and told Sidnei to stop recording and following her, Sidnei blocked her path and prevented her from returning to her vehicle to care for her crying children.
Katie said she then called the police because she did not want Sidnei to follow her home.
Due to Sidnei's inability to follow my commands and hinder my investigation, not allowing me to detain Sidnei for safety purposes, Sidnei was placed under arrest for obstruction.
I transported Sidnei to Cobb Adult Detention Center. Sidnei said he wanted to show me proof of what actually happened between him and Katie. I told Sidnei I would watch whatever videos he wanted me to view; therefore, Sidnei gave me the pass code for his cell phone and I watched two videos that showed Katie get out of her vehicle and tell Sidnei to stop recording her. Based off what I witnessed in the video Sidnei did not block her path to her vehicle.
When we arrived at Cobb Adult Detention Center, Sidnei advised me he wanted to explain his side of the story so I advised him of his Miranda rights and Sidnei exercised his rights and wanted a lawyer. I stopped speaking with Sidnei and I escorted Sidnei into the intake area. Sidnei became upset as he sat in the intake area and stated he wanted to speak with me. I told Sidnei I could not speak with him because Sidnei asked for a lawyer, Sidnei said he changed his mind and wanted to speak with me.
I advised Sidnei of his Miranda rights again, and Sidnei advised he wanted to speak with me without a lawyer. Sidnei said he was driving east bound on Sandy Plains Rd headed to his residence located at 3041 Patten Dr, Marietta, and witnessed Katie texting and driving with children in the vehicle. Sidnei said Katie was swerving in and out of her lane and Sidnei rolled down his window and yelled at Katie to stop texting and driving because it was illegal. Sidnei said he did record her but he did not follow her. Sidnei said she followed him to his residence and got out of her vehicle to confront him. Sidnei said when we arrived we were on the street in front of his residence and if he was following Katie then his vehicle should be parked behind Katie's vehicle.
I corroborated some of Sidnei's statements because when I arrived on scene Sidnei's vehicle was in front of Katie's vehicle. Plus, I also confirmed the area where I arrived was just out front of Sidnei's residence.
When I was evaluating all the testimonial and physical evidence I concluded that Katie was the aggressor on the road; however, when I arrived on scene Sidnei was the primary aggressor towards Officer Monahan and I. During the entire investigation at the scene, Sidnei did not explain his side of the story. Sidnei was more concerned about videotaping the incident and refusing to comply with our commands. Sidnei is not a sworn law enforcement officer and should not be attempting to enforce traffic laws, such as texting and driving. Sidnei should have called 911 and reported Katie's driving behavior to dispatch.
I decided to not pursue the false imprisonment, disorderly conduct, and reckless driving charges; however, I explained to Sidnei that I was still obtaining a warrant for the obstruction charge.
I obtained a warrant: 15-W-3354 for obstruction.
Katie's statement emphasized Sidnei's alleged road rage and intimidating behavior. She claimed that Sidnei’s aggressive driving had nearly caused an accident, which distressed her and her children. Sidnei, however, recounted a different version, stating that he had noticed Katie texting while driving and had tried to get her attention to stop. He admitted to recording her but denied following or blocking her. He also alleged that Katie, in fact, followed him to his home, where she then confronted him.
Sidnei provided police with videos from his phone as evidence. The videos, according to the officer’s report, showed Katie approaching Sidnei’s vehicle, requesting that he stop recording. “Based on what I witnessed in the video, Sidnei did not block her path to her vehicle,” the officer wrote. Additionally, Sidnei argued that he shook his head in disapproval of her texting, explaining that his brother had been killed by a texting driver years before.
Following further investigation, the police report concluded that although Katie was initially identified as the "aggressor on the road," Sidnei’s behavior at the scene led him to be considered the "primary aggressor" at the time of arrest. The officer noted that Sidnei should have called the police rather than continue recording the incident. All charges of false imprisonment, disorderly conduct, and reckless driving against Sidnei were dropped, and no charges were brought against Katie.
In response to the incident, Sidnei filed a lawsuit against Katie, alleging that her false accusations led to his wrongful arrest. “As a result of [Katie’s] allegations, the police initially arrested [Sidnei] for false imprisonment, disorderly conduct, and reckless driving,” the lawsuit stated. “Upon further investigation, the police determined that [Katie] was the primary aggressor and that her allegations against [Sidnei] were false.” In court documents, Sidnei’s lawyer claimed, “As a result of the investigation initiated by [Katie’s] call and her subsequent false allegations, [Sidnei] was thrown to the ground, injured, and arrested.”
Sidnei pursued damages in excess of $100,000, citing emotional distress and reputational harm. Katie did not respond to the lawsuit, resulting in a default judgment of $112,945 in 2018. Sidnei later dismissed his federal lawsuit against Cobb County and the involved officer.
Years later, during a RHOC reunion episode, Katie denied the claims of false reporting and alleged that Sidnei had followed her. She stated that she hadn’t responded to the lawsuit because the documents had been served to her ex-husband’s home, and she was unaware of the case at the time.
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