Frank Drebin says no.
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.
Wouldn't you also say that the cop should be firing AT something and not through tinted windows that he claims he couldn't see through?
Frank Drebin says no.
No one suggested that a car must reach 60 MPH in order for it to be a deadly weapon. Apparently libertines love to put up strawmen. I am not sure why.
2. He fired on someone who damaged his car. That's illegal.
At least for civilians. But I understand there is a lower standard for cops
And you apparently can't answer any questions. Occam's Razor, all things being equal what is more plausible, that her car, given the very short amount of space, reached a very low rate of speed, or was able to come to a "life-threatening" speed??? And just what speed did she need to attain in order to become a "deadly weapon"????? Air bags don't deploy until about a 30 MPH impact.
And it would seem to get lower every day.
Wouldn’t there be significant damage to the cars if you were correct? Wouldn’t the damage at least be visible?
if it is a justified shooting and a passenger in the car happens to get hit, the law kinda says, "too bad. you should not have been in the car with someone who was trying to kill someone else."
it's like a bank robber killing someone in a bank and they also charge the getaway driver with murder even though he never stepped foot in the bank.
I don’t care to be hit by a car at any speed. A drunk at the wheel IS a deadly weapon whether the cop knew it or not. Don’t dismiss this woman’s crime. She was drunk and driving with a child in the car following someone she didn’t know and in a rage. Sounds pretty deadly to me.
feel free to ping me. we're all still friends.
I see you have lost all sense of reality again. I love it when people make rash assumptions without data to support their positions. Better than the 3 stooges.
Oh, quit bitching. Freepers have no problems with cops as a whole, just the 'roided up scumbags who suffer from short d!ck syndrome that happen to make up the majority of younger cops these days.
Whatever you say Pops.
http://www.signonsandiego.com/news/metro/20080806-9999-1m6assoc.html
And thats why I won’t donate to those policeman fund telemarketers. I used to when I thought the money was used for safety equipment and such. In reality its often used in cases like this or even for parties in some places.
What a moronic thing to say. Cops nowadays think they are cowboys right out Tombstone. They shoot dogs on their own front porches, attack a paramedic,shoot a family, and your here defending them? The police now think it is open season on normal people. When is it going be to much for you? When they storm your home on accident and shoot your wife or kids or dog. Then say “opps sorry wrong house, we were looking for your next door neighbor... Enoughs enough.
I’m not surprised.
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