DA Charges Officer Who Shot Woman, Her Son

NBC San Diego ^ | July 29, 2008 | NBC San Diego

[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.

[rednesss]

"Individuals are authorized to use deadly physical force when they reasonably believe it is necessary to, defend themselves or a third person from the use or imminent use of deadly physical force..."

Well then one can reasonably determine from the parking lot photos and the photos of the cars, that Officer White fired into her car when it was behind him and moving away from him. Else we would see bullet holes in her rear glass or trunk and not 4 holes in her windshield. From the position that the cars ended up in, which you can see from the bright orange markings in the parking lot photos, she was in reverse, moving away from him, thus a retreating "threat" at best. Simple trigonometry will be able to show this as we know where the cars were, and the bullet holes in the windshield and where they landed can be plotted.

http://www.nbcsandiego.com/slideshow/news/15904630/detail.html

[rednesss]

I was wondering how long it would take the aroma of saliva and boot polish to reach you and for you to show up. You must be slacking today as this thread is hours old.

[rednesss]

Sure thing, and if there’s any justice in this world, this scumbag will be spending the next 23 out of every 24 hours for the duration of his possible 9 year sentence in a dark little hole. Unless he wants to go gladiator in general population. I’m actually genuinely shocked that charges were filed against him though. There must be video of all this going down that they haven’t released like the 911 tapes. Why do you think it is that they have fought not to release the 911 tapes??? If it bolstered White’s position, they would have been released pronto, I’m going to assume that they aren’t complimentary since they release 911 tapes all the time when it suits their purpose.

[freedomwarrior998]

Not quite:

http://www.forcescience.org/articles/shotinback.pdf

http://www.forcescience.org/articles/tellingthetruth.pdf

http://www.forcescience.org/articles/tempestudy.pdf

Now I realize such things might be a bit over your head, but you'd do well to attempt to understand the research. :)

[rednesss]

So you're saying that a 3,000 pound vehicle can be as nubile as an average sized person??? Was she driving Herbie???

I only bothered to peruse the first link, but I find little in relation to the dynamics (big word you might need to look up the meaning, look up statics while you're at it, in fact take the college classes, there's statics, dynamics, and strenght of materials all in a row) of people standing or sitting, and 3,000 pound cars traveling at a snail's pace in a parking lot. I know that this concept might be over your head and it might be hard for you to comprehend but attempt to use some common sense first.

[dalereed]

“I KNOW. Call the cops? oh wait.... “

Since he wasn’t in his jurisdiction (San Diego) but in a parking lot @ Lowes in Oceanside, YES!

[Tribune7]

OTOH, if he wasn’t cop and if some drunk followed him and tried to run him and his wife down, and he defended himself with a legally carried handgun, what sort of bail would you set?

[freedomwarrior998]

So you're saying that a 3,000 pound vehicle can be as nubile as an average sized person??? Was she driving Herbie???

I only bothered to peruse the first link, but I find little in relation to the dynamics (big word you might need to look up the meaning, look up statics while you're at it, in fact take the college classes, there's statics, dynamics, and strenght [sic] of materials all in a row) of people standing or sitting, and 3,000 pound cars traveling at a snail's pace in a parking lot. I know that this concept might be over your head and it might be hard for you to comprehend but attempt to use some common sense first.

Again, you assume that the cars were traveling at a "snails pace". You assume that you have the data necessary to make a judgment and/or reconstruct the scene.

You are either extremely delusional or your hatred for law enforcement overrides all other considerations.

I assume the latter given your idiotic comments to the other poster here.

Perhaps you were busted for your dope once or twice. IDK, in any case, you seem to forget the fact that we have due process in this country, and the officer is entitled to a fair and impartial trial. Like it or not, he is innocent until the State can prove him guilty beyond a reasonable doubt.

Instead you want to convict the officer, based on your own ignorance and hatred, because a lesbo/leftist DA decided to bring charges.

BTW: You know that same DA that you worship also participated in an amicus brief in the Heller case urging the Supreme Court to UPHOLD the D.C. Gun ban.

Whose the "Boot Licker" now?

[rednesss]

So you're conceding that she wasn't driving Herbie then???? Yes I can assume a great many things since the two cars started off stationary, side by side, and they ended up 20-30 feet away from each other, with her car behind his. Now are you saying that it is possible for an old POS Honda to accelerate to 60 MPH (in reverse), and then decelerate to 0 MPH in the span of 30 feet???? With that amount of G's she'd have flown through the windshield. Who's delusional???? What's more plausible, that she has 5,000 horsepower and unlimited traction, or that she maybe got to 5 or so MPH in reverse while backing away from the guy waiving a gun at her???

I know very little about Dumanis and certainly don't worship her. But I do have a policy against arming morons, you arm one and you've got to arm them all.

[rednesss]

"OTOH, if he wasn’t cop and if some drunk followed him and tried to run him and his wife down, and he defended himself with a legally carried handgun, what sort of bail would you set?"

For one, I've seen no evidence that anyone tried to run down anyone else. Secondly, bail should be set for the relative seriousness of the crime accused. A felony that could land you in jail for 9 years should demand a hefty bond. Joe Six Pack would have to tie up $75,000 or more of their money and then have to come up with money to pay an attorney. Since he was released with no bail, he can forego that burden and it is a perk that no average citizen would be afforded.

[mad_as_he$$]

If you have followed the story from the beginning the “she tried to run me down” is the focal point. Apparently other witnesses dispute that part. The cops have not released much info on the case and are playing it very close. There is much not publicly known about the incident. The DA took 5 months to decide - that says something.

[Fundamentally Fair]

There certainly isn't the cut and dry "let's hang him now" evidence that you claim.

Where did I claim that?

[driftdiver]

“It’s assault with a deadly weapon.”

She hasn’t been charged with that.

“How ‘bout 30 years for 3x DUI, .... and child endangerment?”

If that is what the court decides. It shouldn’t be decided by a cop on the street.

[driftdiver]

“If you have followed the story from the beginning the “she tried to run me down” is the focal point. Apparently other witnesses dispute that part. The cops have not released much info on the case and are playing it very close. There is much not publicly known about the incident. The DA took 5 months to decide - that says something. “

The physical evidence doesn’t seem to support anything other than a slight tap between cars. The key piece being no significant damage to either car. Other than the bullet holes and little boys blood stains.

[rednesss]

There you go again trying to make sense.

[driftdiver]

“Whether or not she was drunk has not been decided in court. The cop’s guilt ALSO has not been decided in court. Only in your mind. Can’t cherry-pick justice.”

And yet you want to put her away for 30 years. Keep in mind he DID shoot two people. Of that there is no question. The only question is his justification for using deadly force.

[djf]

“Negligent discharge of a firearm??”

Tell ya what, aim your handgun at a patrol car and squeeze one off.

They will charge you with “Negligent discharge yada yada..”

Get real. They’ll nail you with something from the patriot act and you’ll never see the sun shine again.

[mad_as_he$$]

That is the way I read the stories! I will wait for the trial to decide my final opinion but it seems to me that the officer went over the line based upon the news accounts.

[rednesss]

"Tell ya what, aim your handgun at a patrol car and squeeze one off.

They will charge you with “Negligent discharge yada yada..”

Get real. They’ll nail you with something from the patriot act and you’ll never see the sun shine again."

You have a point, fire off 5 rounds at a police car, with 4 entering the windshield within close proximity of the driver, and I'm betting the lowest count would be Attempted Murder.

[Fundamentally Fair]

With the laundry list of her background, and her child endangerment which probably wasn’t the first time, the officer deserves commendation.

So anyone with a bad background should be shot?

He didn’t see the boy through the tented windows but though the boy was shot in the leg, compared what the mother has been doing right along, the officer probably saved the boy’s life by getting her behind bars.

I keep hearing that he couldn't see through the tinted windows. If so, what was his target?