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.
So someone attempting to crash a 1500 lb automobile into you is no big deal?
The guy was looking at me like i was a mad man. LOL. He did not even run my ID ....just looked at me, looked at the DL in my hand, and just went back to his car and drove off.
Sounds crazy, but I'd rather spend an extra half a second turning on the lights in my car and putting my hands in the steering wheel than risk some Gestapo tactic from a human being who just happens to have a badge and a gun over me.
Warning shot?
WTF?
You realize that a “warning shot” is a round that is aimed and fired at something other than a legitemate target?
That’s usually called a “miss” and has a nasty habit of hitting innocents.
Warning shots aren’t acceptable in any jusrisiction that I know of and can carry legal consequences, as well.
I have no pity for the cop, but he shouldn’t have fired at all.
You are forgetting that this cop has been coached on what to say happened. That makes his word next to meaningless.
Tell me, what would you do in the same circumstance? Discuss it with her as she rammed your car? Channel the child that you don't know is there to jump? Allow her to careen out of the parking lot perhaps nailing a family of five killing all of them and the child? I KNOW. Call the cops? oh wait....
Sad but true.
‘Is the use of an automobile against someone else likely to cause death or bodily injury? Yes or no?”
if you are standing on the ground yes, if you are in your car then not in all cases.
It wasn’t a high rate of speed. How much speed could her car get in 4-5 feet? She was trying to get away because some guy pulled a gun on her.
But its ok for cops to shoot people whenever they feel like it eh?
Put my own car into gear and avoid the incident. Anyway your example exaggerates this particular case. I've seen pictures of both his car and her car, I couldn't discern any damage to his car other than the fact that he shot his own driver's window out while playing Yosemite Sam. He wasn't even smart enough to roll down his own window first.
‘isn’t that how the cops treat citizens?
NO.”
there are good cops, there are also many cases where this is exactly how cops treat citizens. there are also many cases where ‘good’ cops look the other way while the ‘bad’ cops do this stuff.
He was off duty. If somebody ran into my car in a parking lot and I opened fire on them and hit them and their kid I’d be looking at a lot more time than he got.
What happened to innocent until proven guilty? Or doesn't that apply to off duty police officers?
Do DA's ever charge innocent people?
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.
Really? Do you have proof of your assertion?
What would you do if someone was coming at YOU with an automobile? Sit there and hope that you are not injured or killed?
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.
You were there? You saw the entire incident? Really? If you are a witness why are you speaking about the case on this forum? Wait, I bet I know the answer that that.
Your tin-foil hat fell off.
I thought I had missed something. Guess not.
Yes you are, we'll stop at that. All of the list of horrors you've cited have nothing to do with the facts in this particular case.
Uh huh. I'm sure that the majority of cops are as you say. Cause the internetz told me soz. [/sarcasm]
You have proof of this assertion?
I agree - a random meeting of equivalent morons. There are a lot of mistakes and even a lot of intentional rudeness on the roads these days. I find it best to give it all a wide berth and let the crazies go on their way. If they’re going to find another crazy to fight with, fine. For myself personally, it’s easier for me to walk away from it because I am always armed and know how easily this crap can escalate to a level of needless and pointless violence. The cop should have known much better, of course but the lady was drunk and crazy.
Yeah because people are never injured or killed in automobile accidents. [/sarcasm]
It wasn’t a high rate of speed. How much speed could her car get in 4-5 feet? She was trying to get away because some guy pulled a gun on her.
Now you know exactly how many feet her car was from his? AND the thoughts of the woman? All based on a slanted newspaper account of the event? AMAZING!!!! Perhaps the police should hire YOU. All the world's problems would instantly come to an end.
But its ok for cops to shoot people whenever they feel like it eh?
Nice Strawman. That shows intelligence.
“What happened to innocent until proven guilty? Or doesn’t that apply to off duty police officers?’
thats why I said ‘charged’ and not convicted. he’s admitted to shooting the woman and boy so thats not in question. The only question is his justification. IMO a cop sitting in a car who is involved in a slow speed accident should not be opening fire. Note, he already had his gun out before she side swiped his car.
‘Do DA’s ever charge innocent people?’
yep, sometimes its due to fabricated police reports.
‘What would you do if someone was coming at YOU with an automobile? Sit there and hope that you are not injured or killed?”
I wouldn’t brandish a firearm or open fire as long as it was only my car at risk.
“You were there? You saw the entire incident? Really?’
In other reports he admitted to pulling his gun. Also, she was on the phone with the 911 operator telling them he had a gun, before he opened fire. Its all public record.
Why are you speaking in this forum? Are you a cop who’s offeded that sheeple dare to question the actions of a publc servant?
There are a couple of minor details you left out. One, he brandished a weapon at the woman prior to the woman backing up. Two, he never left his vehicle. Three, he shot from his vehicle into another vehicle.
In other words, his life was not in jeopardy at the time of the shooting. The other driver may have been drunk, but there is enough evidence to show that, when he brandished his weapon, she tried to protect herself. At this point, the other driver did not know he was an off-duty cop.
The officer should never have fired his weapon.
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.