Judge orders cop to stand trial in road-rage incident

North County Times ^ | November 6, 2008 | COLLEEN MENSCHING, Teri Figueroa assist

[BoneHead]

VISTA ---- A Superior Court judge ruled Wednesday that San Diego police Officer Frank White should stand trial for shooting an Oceanside mother and her 8-year-old son during an alleged case of road rage in March.

"I think we expect more from our officers than the conduct that was displayed here," Judge Joel Pressman said at the end of White's preliminary hearing.

White is charged with one felony count of negligent discharge of a firearm and a misdemeanor charge that he brandished his gun during a traffic confrontation with Rachel Leann Silva, 28, and her son, Johnny.

White is the first police officer charged in San Diego County in more than a dozen years for shooting a perceived aggressor. He was off-duty, out of uniform and in his personal car at the time of the incident.

Silva also faces charges stemming from the incident. She pleaded not guilty in July to felony child endangerment and misdemeanor drunken-driving charges.

Snip

Son testified.

Snip

Neither Silva nor Frank White took the stand Wednesday.

Two other eyewitnesses did.

Snip

The prosecuting attorney said Silva was clearly the aggressor, but that her "out of control" display was no reason for White to fire his weapon.

"You don't get to shoot people who are acting this irrationally in a scenario of 5 to 10 mph," Korsmeyer said.

White's defense attorney said Silva was using her car as weapon and that White was justified in trying to eliminate a threat by firing into Silva's car.

Snip

The judge ruled evidence was strong enough to make White stand trial "despite the possibility of a successful self-defense argument."

[BoneHead]

This case ran the gamut of arm chair "Presiding Judge" back in August. DA Charges Officer Who Shot Woman, Her Son

Hasn't gone to trial. Just finished preliminary hearing.

Have At it.

Bonehead

[SeaHawkFan]

The prosecutor will present a weak case against the officer and he will be acquitted. The DA will then say he tried to get a conviction when it is the last thing he wants.

[kbennkc]

I hope I do not lose my standing as a cop basher , but this judge needs to remember the presumption of innocence . Prelims have lost all semblance of meaningful review .

[thefactor]

i think the judge was saying that he can't see any circumstance where a cop would need to fire at a car traveling so slowly. even if the driver was trying to run him over.

and i'm a cop saying this! in my dept, we are forbidden to fire at a car unless someone in the car is using deadly physical force by a means OTHER THAN THE CAR. If it's just the car, get out of the way. don't fire.

[mlocher]

"You don't get to shoot people who are acting this irrationally..."

I guess the folks at DU get to live another day....

[kbennkc]

It is the self serving editorializing I find most offensive . He can find probable cause and bind him over . What purposes other than the flexing the Judges own ego and desire to read his own words in the paper are served by his comment ? Is the defendant more likely to receive a fair trial ?

[pray4liberty]

He was off-duty, out of uniform and in his personal car at the time of the incident.

Someone tell me, how was she supposed to know he was a cop? If some strange man threatened me with a gun, I'd be terrified, I'd think he was out to rob/rape/murder me, and I would try to to protect my son from him (even if it meant using my car as a weapon)!

[SoCalPol]

*how was she supposed to know he was a cop*

She wouldn’t have known if he was in uniform. She was on drugs, etc. She also had an expired license, Previous drunk driving, and worse.
She put her son in endangerment by her own actions and probably not the first time.

[pray4liberty]

He ought to have been smart enough not to handle this himself but call for a uniformed officer.

She's dumb, but he was dumber.

[SoCalPol]

His wife was on the cell phone 911 but this gal was out of hand and using her car as a weapon

[BoneHead]

Which comment?

The Prosecutor seem to be the one with an opinion.

The Judges seemed to me to be innocuous: The judge ruled evidence was strong enough to make White stand trial "despite the possibility of a successful self-defense argument."

That was self serving editorializing?

You really ought to go to the link. I did cut some stuff out.

[BoneHead]

Prosecutor: Your honnor I would like to dismiss juror SoCalPol, thank you for your time.

Take a deep breath man. Everyone was in their cars. No one was traveling at speeds. She's been arrested and is awaiting trial. Now he is awaiting trial.

I think I'll await the Jury's verdict in both cases.

Regards
Bonehead

[BoneHead]

Check the whole article. I cut and pasted but think I got the speakers correctly.

prosecuting attorney is Korsmeyer.
Defense attorney Rick Pinckard.
Judge Joel Pressman.

Ok I found the Judges comment you might have called editorializing.

"I think we expect more from our officers than the conduct that was displayed here," Judge Joel Pressman said at the end of White's preliminary hearing.

Still seems innocuous.
Regards
Bonehead

[SoCalPol]

First, not a man.

Second, I am a ret. Legal Support Asst. with the County Attys here in San Diego.

Have worked on everything from Homicides to child abuse
cases for years. Many cases were major national news.

This woman would still be out there driving with her son at risk with her long list of abuses.
That officer did her and her son a favor.
She asked for it with her actions, she had a choice and she made the wrong one as usual.