Here is a pic of Silva's car. It doesn't look like much of a "high speed Crash."
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.
"Attempt to crash" and "already sideswiped" are two different things.
“”Attempt to crash” and “already sideswiped” are two different things. “
Just as ‘sideswiping’ someone outside a car and ‘sideswiping’ someone sitting in a car is different.
No posters I've ever met on Free Republic promote the shooting of little children whether they are cops or not, blindly or otherwise. That was a stupid comment.
Whether the cop was right to use deadly force or not will be decided by a jury. However, that Silva has an obvious history of drunk driving, was tested and found to be drunk, and was the aggressor following the cop to the parking lot is not disputed in any of the press that I read. Not the other way around. He didn't follow her, she followed him. Twice the legal limit. With a child in the car. That was a danger to her, the child, and everyone else on the road and in the parking lot, no matter what.
No, some stayed to join in on the looting.
"They was takin' all the good stuff"
Here is a pic of Silva's car. It doesn't look like much of a "high speed Crash."
“She didn’t open the door carelessly, she ran into him.”
She ran into the car attempting to get away from a man with a gun. My point was the speeds involved could not be expected to cause serious bodily injury. Plus the sideswiped had occurred, past tense. She was no longer a threat, however minor.
“No posters I’ve ever met on Free Republic promote the shooting of little children whether they are cops or not, blindly or otherwise. That was a stupid comment.”
Several posters here have expressed disregard for this woman and her kid. One poster advocated shooting her because she was ‘drunk’, although the cop had no way to know that.
“That was a danger to her, the child, and everyone else on the road and in the parking lot, no matter what.”
ok, so arrest her for suspected drunk driving, but don’t shoot her for suspected drunk driving. He didn’t know her or her record when he opened fire. All he knew was she almost hit him and was apparently angry at him.
To judge the shooting legit look at what happened before the trigger was pulled and not after.
“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.”
The first rational response on this whole thread. Anyone who is defending either of these two idiots is an idiot themselves.
More so if you knew from reading about this previously that before he was questioned: "Poorman said White was interviewed at the Oceanside police station with his attorney, a peer support officer and his supervisor."
You think they got told the "right" story by the time his attorney, a peer support officer and his supervisor from San Diego got there???? It must have taken at least an hour for his Supervisor to get there from San Diego.
I would think they got told she tried to run him down and thats all they needed to hear. Details could wait.
From a previous story:
"Officer White’s wife dialed 911 on her cell phone to report an aggressive driver. Officer White stopped his car. Ms. Silva pulled alongside the driver’s side of the White’s vehicle, and stopped.
Officer White displayed a handgun, and then backed his car away from Ms. Silva’s car, coming to a complete stop. Ms. Silva dialed 911 and reported a man with a gun. Ms. Silva then reversed her vehicle in the direction of the Whites’ car, sideswiping it. Officer White fired five shots toward Ms. Silva’s vehicle."
Her car comes to rest about 20 feet away from his according to the paint marks in the parking lot. She must have been going all of 5 mph at that. Obviously breakneck, fear-for-your-life speeds when you are sitting in a car yourself.
Not exactly Talladega, going 180 mph, and swapping paint. But let's not get in the way of exaggerating the facts like some are prone to do around here. Just yell, "she's coming straight for us" and start blasting. And I'm not defending the drunk mom, but the bootlickers here will never admit that two wrongs don't make a right. She was out of line, and he was a serious threat to public safety.
She shouldn't have chased him. Then she would not have been in a position in which she had to run into a car and face a gun. She was drunk, that's why. So always a danger. And she had a child in the car.
"Several posters here have expressed disregard for this woman and her kid. One poster advocated shooting her because she was ‘drunk’, although the cop had no way to know that."
The poster didn't mention the woman, only the child. Re-read the comment. It was a mean and stupid comment. I stand by that. And I have very little sympathy for drunk drivers, myself. If you had ever lost a family member to one, you might see my point of view.
"ok, so arrest her for suspected drunk driving, but don’t shoot her for suspected drunk driving. He didn’t know her or her record when he opened fire. All he knew was she almost hit him and was apparently angry at him."
The press says she WAS arrested for drunk driving. And she didn't "almost" hit him. She DID hit him. Why she hit him is assumed. Why he pulled a gun is assumed.
But she did follow him. A very bad idea. No matter who he is. Especially, and I'm going to say this again, drunk with a child in the car. In my mind, a hanging offense.
She hits one of my kids drunk and she'll wish to God she had been shot.
Good! I hope that he is convicted and gets all 9 years.
If it had been a “private citizen” who did the shooting, they would still be in jail awaiting trial.
“She shouldn’t have chased him. Then she would not have been in a position in which she had to run into a car and face a gun.”
people do that without being drunk. Stupid of her, yes. Deserving to be shot, no.
“And I have very little sympathy for drunk drivers, myself. “
Same here, however I don’t think police should start summary executions of suspected drunk drivers.
My “almost hit” was in reference to the near traffic accident before pulling into the parking lot. Statements indicated he pulled his gun BEFORE she sideswiped him. He shot her AFTER being sideswiped as she was attempting to drive away.
“Especially, and I’m going to say this again, drunk with a child in the car. In my mind, a hanging offense.”
Fine, let a court decide and go judge dredd on her.
Out of control cop ping.
I do note that White pulled his gun as the cars were side-by-side and BEFORE she sideswiped him.
Were you there?
Well conveniently enough, he (Officer White) was never tested for either alcohol or drugs in his system. And this at a shooting. Shouldn't that be standard operating procedure????? I worked for Weyerhaeuser a few careers ago, if you were so much as involved in any type of accident, you could rest assured that you would be peeing into a cup in the very near future. Why not here??? He discharged a firearm, and hit 2 people. WTF?????
EXACTLY.
Always attracts a grip of loserdopian contrarians.
Another great response.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.