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DA Charges Officer Who Shot Woman, Her Son
NBC San Diego ^ | July 29, 2008 | NBC San Diego

Posted on 08/13/2008 9:18:38 AM PDT by rednesss

SAN DIEGO -- Charges were filed Tuesday against an off-duty San Diego police officer who shot an 8-year-old boy and his mother during a traffic dispute.

District Attorney Bonnie Dumanis made the announcement Tuesday in connection with the March 15 shooting involving Officer Frank White, 28. He was charged with one felony count of gross negligent discharge of a firearm with two enhancements for great bodily injury and one misdemeanor count of exhibiting a firearm. The charges carry a maximum sentence of nine years in prison.

White surrendered to authorities in Vista and pleaded not guilty to the charges. He came to court in a suit with his wife by his side. White maintains that he did nothing wrong in the apparent road-rage incident. He is not in custody and has been released on his own recognizance.

White was driving his personal car when he and Rachel Silva nearly collided in Oceanside. Witnesses say Silva responded aggressively, tailing White and his wife to a parking lot at a Lowe's Home Improvement Store.

White told investigators that he fired after Silva backed up, sideswiping his car. He said he did not see her son in the car. White fired five shots into Rachel Silva's car, striking her twice in the arm and her son once in the knee.

"Based on the evidence and the law, these charges are appropriate," said Dumanis, who declined to answer questions at a brief news conference.

White's attorney, Richard Pinkard told NBC 7/39 his client did nothing wrong.

"At this point, based on statements that have been provided to us, our client's conduct as reasonable under the circumstances. Obviously that's the pivotal issue in this controversy," he said.

According to search warrants filed in the case, White said he displayed his handgun but only began shooting after Silva sideswiped his SUV as she reversed past him. White's wife, a police dispatcher, was in the car.

The San Diego police officer was put on paid administrative leave after the shooting. The district attorney's office did mention that this is only the second time in more than 20 years that an officer has been charged in an officer-involved shooting.

Silva's attorney said he was satisfied with the charges.

Tests showed Silva had a blood-alcohol level nearly twice the legal limit. The 27-year-old pleaded not guilty this month to felony child endangerment. Silva -- who has two drunken driving convictions from last year -- faces up to six years in state prison. Lawyers for her son filed a complaint in federal court in May claiming police were inadequately screened, trained and disciplined.

A readiness hearing in White's case will be held on Aug. 26. The preliminary hearing is scheduled for Sept. 17.


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: banglist; donutwatch; fired; leo; roadrage; silva; white
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"He is not in custody and has been released on his own recognizance."

Cause everyone charged with a felony carrying a 9 year sentence is released on their own recognizance. Some animals are more equal than others I guess.

1 posted on 08/13/2008 9:18:41 AM PDT by rednesss
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To: rednesss

This was a huge story in San Diego...I believe these charges are the correct one.


2 posted on 08/13/2008 9:20:29 AM PDT by Hildy (You either die a hero or live long enough to see yourself become the villain.)
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To: rednesss

Okay...

He shot an 8-year-old boy and he’s only serving 9 years? What did they do, throw a sci-fi novel at him?


3 posted on 08/13/2008 9:20:52 AM PDT by wastedyears (Show me your precious darlings, and I will crush them all)
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To: rednesss

Poorly written Headline.

Bad headline or not, this animal belongs in a cage.


4 posted on 08/13/2008 9:21:30 AM PDT by trumandogz ("He is erratic. He is hotheaded. He loses his temper and it worries me." Sen Cochran on McCain)
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To: rednesss

Let’s see. He’s a cop. His wife is a dispatcher. The ‘victim’ chased him and his wife with a vehicle. The ‘victim’ was drunk. The ‘victim’ tried to run him down, and that’s when the shots were fired.

Oh, wait, he’s a cop, and this is FR, home to a bizarre number of people with a Pig Complex.


5 posted on 08/13/2008 9:24:14 AM PDT by Sandreckoner
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To: UCANSEE2

ping


6 posted on 08/13/2008 9:24:26 AM PDT by driftdiver (No More Obama - The corruption hasn’t changed despite all our hopes.)
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To: Sandreckoner

“Let’s see. He’s a cop. His wife is a dispatcher. The ‘victim’ chased him and his wife with a vehicle. The ‘victim’ was drunk. The ‘victim’ tried to run him down, and that’s when the shots were fired.”

She didn’t try to run him down, he was in his car.

“Oh, wait, he’s a cop, and this is FR, home to a bizarre number of people with a Pig Complex.”

Yeah I guess we’re funny in that we don’t want off duty cops shooting people at random.


7 posted on 08/13/2008 9:25:35 AM PDT by driftdiver (No More Obama - The corruption hasn’t changed despite all our hopes.)
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To: driftdiver

“She didn’t try to run him down, he was in his car.”

Oh, well, that makes all the difference. They were perfectly safe inside their vehicle while a violent drunk at the wheel of a car was in the midst of a rage.

“Yeah I guess we’re funny in that we don’t want off duty cops shooting people at random.”

Oh totally. Totally “random” scenario that went down here. Very “random” and harmless.

If this had been a “private citizen” who had fired on a violent drunk who had chased them down and was trying to ram them, this would be an entirely different thread.


8 posted on 08/13/2008 9:28:18 AM PDT by Sandreckoner
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To: trumandogz
Yeah, well Journalism schools aren't what they used to be.

"our client's conduct as reasonable under the circumstances"

I guess it's reasonable to blindly fire 5 rounds into a car in a parking lot now. Whodathunkit????? I guess he watched too many South Park episodes where Jimbo just has to yell "it's coming straight for us" and that automatically makes it okay to shoot to kill.

9 posted on 08/13/2008 9:30:04 AM PDT by rednesss (Fred Thompson - 2008)
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To: rednesss
But, but, but, you must understand how dangerous their job is! I mean, that kid could have been armed and jacked up on meth! Do you have any idea what an 8-year-old high on meth with a gun is capable of? I mean, you can't draw any conclusions about this incident because you've never stared down the "vertical coffin" with god-only-knows-what lurking behind! /copsucker

BTW, I'm surprised he didn't find a dog and an old lady to wantonly kill while he was at it.

10 posted on 08/13/2008 9:30:44 AM PDT by lesser_satan (Cthulu '08! Why vote for the lesser evil?)
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To: rednesss

Outrageous. So his car got a dent. Obviously someone deserved to die for that. Doesnt matter if its a woman whos not in her right senses, and her kid who is not at fault at all.

Does this turd think that he can kill anyone who p*sses him off? 9 years? He should have been charged with attempted homicide, or manslaughter at the very least!

Shameful!


11 posted on 08/13/2008 9:31:09 AM PDT by ketelone
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To: rednesss; All
White told investigators that he fired after Silva backed up, sideswiping his car. He said he did not see her son in the car. White fired five shots into Rachel Silva's car, striking her twice in the arm and her son once in the knee.

197. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

Is the use of an automobile against someone else likely to cause death or bodily injury? Yes or no?

What if I were to get into my car, slam it into reverse and head for you while you were seated in your car at a high rate of speed.

What would YOU do?

12 posted on 08/13/2008 9:31:11 AM PDT by freedomwarrior998
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To: Sandreckoner
Ordinary citizens who shoot home invaders are all too often jailed. I don't see why this cop should get special treatment. He is guilty until he proves he was innocent....isn't that how the cops treat citizens?
13 posted on 08/13/2008 9:31:20 AM PDT by texan75010
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To: rednesss

So this guy felt some rage. He fired FIVE shots! Not one warning shot, before he decides he should pump some serious lead into this car. And what was the “Incident”? Was he responsible for banging into her car?


14 posted on 08/13/2008 9:32:09 AM PDT by ketelone
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To: trumandogz

Responsibility in Government Amendment

All Persons required to take an oath or affirmation thereof, to uphold,enforce,or defend the Law and or the Constitution, Shall be held without Bail in ALL Cases, there shall be no exceptions. All Persons covered under this Amendment, upon conviction of ANY crime, shall be sentenced to 5 times the Maximum Penalty under Law, There shall be no exceptions. All persons covered under this amendment shall serve 1 year in jail for every $1000 in civil fines, there shall be no exceptions.

Eyeamok


15 posted on 08/13/2008 9:32:53 AM PDT by eyeamok
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To: texan75010
isn't that how the cops treat citizens?

NO.

16 posted on 08/13/2008 9:34:05 AM PDT by freedomwarrior998
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To: Sandreckoner

Ummmm.....no.
This is a case where two stupid people encountered one another. Violence ensued. BOTH deserve jail time.
I feel sorry for the kid. He had no choice in any of this, and got shot because his mother’s a drunken moron.


17 posted on 08/13/2008 9:34:19 AM PDT by 95 Bravo ("Freedom is not free.")
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To: Sandreckoner
"If this had been a “private citizen” who had fired on a violent drunk who had chased them down and was trying to ram them, this would be an entirely different thread."

Yes, because then it wouldn't have taken 8 months to bring charges against this reckless fool. You know bullets keep traveling beyond their intended target. And any response must be proportional to the threat.

18 posted on 08/13/2008 9:34:24 AM PDT by rednesss (Fred Thompson - 2008)
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To: ketelone
So this guy felt some rage. He fired FIVE shots! Not one warning shot, before he decides he should pump some serious lead into this car. And what was the “Incident”? Was he responsible for banging into her car?

Warning shot? Are you serious?

19 posted on 08/13/2008 9:34:42 AM PDT by freedomwarrior998
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To: Sandreckoner

“Oh, well, that makes all the difference. They were perfectly safe inside their vehicle while a violent drunk at the wheel of a car was in the midst of a rage.”

hmmmm, seems you are in a fit of rage yourself. their car was in danger, they were not. Evidently the DA agrees with me since the cop has been charged.

“If this had been a “private citizen” who had fired on a violent drunk who had chased them down and was trying to ram them, this would be an entirely different thread.”

yes it would, they would be charged with attempted murder under these circumstances. they also would have a hefty bond instead of a get-out-of-jail free card.

Tests show she was drunk, nothing shows she was physically violent. She only tried to get away after he pulled his gun. Yes the off duty cop pulled his gun before she side swiped his car.


20 posted on 08/13/2008 9:35:02 AM PDT by driftdiver (No More Obama - The corruption hasn’t changed despite all our hopes.)
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