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SDPD officer found not guilty in road-rage case
San Diego Union-Tribune ^ | 06-22-2009 | J. Harry Jones

Posted on 06/23/2009 7:31:35 AM PDT by freedomwarrior998

San Diego police Officer Frank White was found not guilty yesterday of criminal charges resulting from the shooting and wounding of a mother and her young son during a road-rage incident last year.

A Vista Superior Court jury acquitted White, 29, of a felony count of grossly negligent discharge of a firearm and a misdemeanor count of exhibiting a firearm.

White showed little emotion as the verdicts were read about 4 p.m., but after the jury left the courtroom, he bear-hugged his attorney, Rick Pinckard, then his wife, Jacquellyn.

(Excerpt) Read more at 3.signonsandiego.com ...


TOPICS: Crime/Corruption; US: California
KEYWORDS: abuseofpower; banglist; codeofsilence; cultureofcorruption; donutwatch; doyouknowwhoiam; leo; policestate; roidrage; ruling; sdpd; silva; thugwithabadge; white
http://www.freerepublic.com/focus/f-news/2061197/posts
1 posted on 06/23/2009 7:31:36 AM PDT by freedomwarrior998
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To: freedomwarrior998
Previous Thread on FR.
2 posted on 06/23/2009 7:32:20 AM PDT by freedomwarrior998
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To: freedomwarrior998

More cops getting away with murder (or attempted murder) simply because they are cops.

Great news.

/sarc.


3 posted on 06/23/2009 7:32:36 AM PDT by Filo (Darwin was right!)
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To: Filo

LOL! I can almost guarantee that someone will come in here and say that without the /sarc tag.


4 posted on 06/23/2009 7:35:09 AM PDT by freedomwarrior998
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To: freedomwarrior998

Disgusting!

San Diego is run like a police state for one reason....

We don’t want it to be like L.A..

But that is no reason to let off duty police officers fire a gun into a woman’s car while he is in a truck, striking her and her child. (the relative size of the vehicles matters as the JBT in question claimed he felt threatened in his big truck by that woman in her little car, the car being her “weapon” that had him in fear for his life apparently).


5 posted on 06/23/2009 7:35:20 AM PDT by allmendream ("Wealth is EARNED not distributed, so how could it be redistributed?")
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To: Filo

Waiting for their defenders in 5, 4, 3, 2.....


6 posted on 06/23/2009 7:35:50 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: freedomwarrior998
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.

Not guilty by reason of thuggary.

7 posted on 06/23/2009 7:36:12 AM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: Filo

Oh wait, you meant your sarc tag for the “Great news” portion of your post, rather than your initial rant. Right?


8 posted on 06/23/2009 7:36:34 AM PDT by freedomwarrior998
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To: allmendream

It was a jury trial..and the jury spoke. It was not a simple case if you listened to the testimony.
I suspect that he will still loose his job as cop.


9 posted on 06/23/2009 7:36:40 AM PDT by Oldexpat
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To: allmendream

You should probably learn the law.


10 posted on 06/23/2009 7:37:39 AM PDT by freedomwarrior998
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To: Red in Blue PA

She was tested for alcohol (according to the other thread, she was drunk). Did they test the officer for steroids?


11 posted on 06/23/2009 7:37:59 AM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: Red in Blue PA

Defenders? The officer was acquitted. Let me guess, you just hate all police.


12 posted on 06/23/2009 7:38:27 AM PDT by freedomwarrior998
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To: All

“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.”

197. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

Is the use of an automobile against someone else likely to cause death or bodily injury? Yes or no?


13 posted on 06/23/2009 7:39:38 AM PDT by freedomwarrior998
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To: freedomwarrior998; Red in Blue PA
Defenders? The officer was acquitted. Let me guess, you just hate all police.

You have to understand: Free Republic is much better than a trial by jury, with all that evidence stuff and testimony from people who were actually involved. It's much more fair and just to simply read a couple of articles, view a couple of news segments from our good friends in the MSM then render a verdict.

That whole "trial by jury" thing is so old-fashioned. We all know what's right by Googling it.

14 posted on 06/23/2009 7:43:27 AM PDT by TChris (There is no freedom without the possibility of failure.)
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To: a fool in paradise
very witty. /s

why bother with facts when you can just make silly suppositions and sarcastic comments?

15 posted on 06/23/2009 7:48:42 AM PDT by thefactor (yes, as a matter of fact, i DID only read the excerpt)
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To: thefactor

Steroid rage is a real problem. WE pay for the damage caused by cops who dope steroids.

I’m much more concerned about this subject than BASEBALL players who use steroids.

But not Congress.


16 posted on 06/23/2009 7:51:54 AM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: freedomwarrior998

a cop fires 5 rounds into a womans car, why did it take so long for him to call 911. He should have could have done something other than shoot into the care.


17 posted on 06/23/2009 7:53:41 AM PDT by vin-one (REMEMBER the WTC !!!!!!!!)
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To: Oldexpat

Maybe, but I would be more in favor of the lady getting off five rounds at the same distance, after I had spend a couple of days training her.


18 posted on 06/23/2009 7:55:40 AM PDT by org.whodat
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To: TChris
You have to understand: Free Republic is much better than a trial by jury, with all that evidence stuff and testimony from people who were actually involved. It's much more fair and just to simply read a couple of articles, view a couple of news segments from our good friends in the MSM then render a verdict.

That whole "trial by jury" thing is so old-fashioned. We all know what's right by Googling it.

I see.

19 posted on 06/23/2009 7:57:57 AM PDT by freedomwarrior998
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To: allmendream

What truck? He was in a Mercury Milan which is a Ford Fusion with a higher price tag.


20 posted on 06/23/2009 8:04:31 AM PDT by sticker
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To: Red in Blue PA
Waiting for their defenders in 5, 4, 3, 2.....

I'm a San Diego resident and I've paid a bit of attention to this story. When it first happened, my immediate reaction was, "I hope this juiced-up son of a bitch cop goes to prison for a long, long time!!!"

Then some details started to surface that really caused me to rethink things. First, as the story says, this woman was no angel. She instigated the confrontation while being drunk and high on meth and was acting like a maniac (with her child in the car). Neither side disputes this. Second, the cop emotionally testified on the stand that he didn't see her son in the passenger seat and had he known there was a child in the car, he never would've fired on her. I believed his testimony.

Like I said, I just paused to rethink the case. It became less cut and dried as some of these details surfaced but I accept the jury's verdict.

21 posted on 06/23/2009 8:09:37 AM PDT by Drew68
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To: freedomwarrior998
Oh wait, you meant your sarc tag for the “Great news” portion of your post, rather than your initial rant. Right?

Correct. . . but it wasn't a rant - it was a statement of fact.

Sorry. The post structure was a bit confusing.

I hate to see cops getting away with crap that would have the rest of us behind bars for decades.

I can't believe we reward these people for being the "largest street gang in America."
22 posted on 06/23/2009 8:14:12 AM PDT by Filo (Darwin was right!)
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To: Drew68

I was once terrorized by an unstable woman who, for over 10 miles, on streets and then on the freeway, attempted to harm me. What set her off is that I didn’t take off when a red light turned green quickly enough. She then proceeded to speed up, get in front of me and slam on her brakes, and I would go around her and she continued to try to force me off the road. I then got on the freeway, thinking she would go on her way, and she followed me on the freeway and continued on. I sped up to over 70 mph to try to get away from her and she went 80, pulled in front of me and slammed on her brakes. What happened at the end was I stopped dead on the freeway and she pulled up beside me. That was when I saw a boy leaning forward in the back seat looking out. This insane woman (Iranian looking) was driving like that with a child in her car. I think the shock on my face on seeing the child finally got through to her. It was terrifying.


23 posted on 06/23/2009 8:25:04 AM PDT by Auntie Mame (Fear not tomorrow. God is already there.)
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To: allmendream

While she is drunk and continuing to back into him and his car with his family into it. I don’t blame the officer. Anyone with a hand gun would have responded in like manner. This woman heard the first shot. It hit her son and shattered her car window. Did she stop? NO. ALL if this could have been avoided if the drunk driver had not FOLLOWED the officer into the parking lot.


24 posted on 06/23/2009 8:36:19 AM PDT by the long march
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To: vin-one

His wife had called 911 BEFORE the first shot was fired


25 posted on 06/23/2009 8:38:56 AM PDT by the long march
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To: Oldexpat

The civil case is still open. Count on the local taxpayers forkng over a load of D’oh.


26 posted on 06/23/2009 8:43:32 AM PDT by ASOC (Who IS that fat lady, and why is she singing?????)
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To: the long march

Having shown that I don’t know several relevant factors in the case, and one of the “facts” I thought I remembered was wrong; I withdraw my comment.


27 posted on 06/23/2009 8:46:52 AM PDT by allmendream ("Wealth is EARNED not distributed, so how could it be redistributed?")
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To: the long march

A citizen who fired five shots into the woman’s car hitting her and her passenger would not be found “not guilty”. It was using deadly force.

Sideswiping a car happens. I see it happen in public a couple times a year and generally the other driver just takes off (hit and run).

Was her initial impact ruled “assault with a deadly weapon” or accidental (due to impared driving)? Because when he (out of uniform and looking every bit the civilian) started firing he posed a threat to her life.

Did he announce “Ma’am, I’m an officer and I’d advise you to stop your actions”?

It’s criminal to assault an officer even out of uniform.

Neither person seems to have handled themselves properly in this situation.


28 posted on 06/23/2009 9:18:54 AM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: Drew68

Been following this, too, and agree it is more complicated than it appears at first. Gotta defer to the jury on this one. Ditto on the civil side once that works its way through (although my guess is it will now settle).


29 posted on 06/23/2009 9:52:29 AM PDT by piytar (Take back the language: Obama axing Chrystler dealers based on political donations is REAL fascism!)
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Comment #30 Removed by Moderator

To: freedomwarrior998
More evidence that if a prosecutor.doesn't want a conviction, he isn't going to get one.
31 posted on 06/23/2009 9:58:00 AM PDT by SeaHawkFan
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To: a fool in paradise

Let me also add that I do believe that lethal force can be used on a driver if the situation warrants it.

I would even support officers shooting a driver in a chase rather than running around after them for 1-2 hours only to force them to drive into some civilian.


32 posted on 06/23/2009 10:02:49 AM PDT by a fool in paradise (There is no truth in the Pravda Media.)
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To: freedomwarrior998
I am always amazed at the anti-police venom spewed out her at FreeRepublic. Maybe I have led a charmed life but as a 56 white male growing up in inner city Cleveland, living in Milwaukee and now in San Diego, how I avoided being as stigmatized by the police like a lot of posters here just dumbfounds me. I grew up respecting the authority of police officers and other than getting upset for a few speeding tickets(all my own fault I may add)I retain that respect to this date. It is one of the toughest jobs in the world and the American justice system makes it so much tougher to be an officer of the law in these United States.
33 posted on 06/23/2009 10:25:08 AM PDT by Cyman
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To: Cyman
I grew up respecting the authority of police officers and other than getting upset for a few speeding tickets(all my own fault I may add)I retain that respect to this date.

Many of us that are hard on cops here on FR also 'respect authority'. I have been very polite every time I have been pulled over. At least once the cop was pretty confused when I thanked him for giving me a ticket. I think he thought I was mocking him but I was not.
I have also known plenty of cops and liked and respected them.

However, with high regard does not come a bank check. Nor does great respect give them reverence. I hold those that serve to a much higher standard and I am disgusted that 'the system' does not. We revolted from england in part because law enforcement (that is what the red coats were) was unaccountable to the people for their crimes.

In this case I the man was clearly in the right and I am glad he got off. I sincerely hope a civilian in the same situation would have gotten off but I doubt it. There are plenty of police abuses that happen. It is only by vigorously pursuing them that we cut out the bad flesh and keep the whole organism healthy. They have too much power to let any abuses slide. Rot festers quickly when not dealt with. Because of the great authority they wield it is necessary to hold them to a HIGHER standard not a lower one. Failing to full investigate or to prosecute alleged abuses is holding police to a lower standard than you would a civilian. It is preciously because we need a respectable and respected law enforcement community that we have to go after such abuses and alleged abuses with gusto.

It is a fine line between holding them to a higher standard and outright cop hate. It is NOT a fine line between holding them to a higher standard and giving them a pass on everything in the name of 'respect for authority'. That is a yawning chasm. My parents taught me to respect authority. They did not teach me to kowtow and they certainly did not teach me that authority figures are always right or even worthy of the respect they should still be given by default.
34 posted on 06/23/2009 11:01:03 AM PDT by TalonDJ
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To: a fool in paradise
Did they test the officer for steroids?

He wasn't testing for anything. The union kept him secured for quite some time afterward.

35 posted on 06/24/2009 5:55:06 AM PDT by Fundamentally Fair (...but, it was already impossible to say which was which.)
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To: Drew68
First, as the story says, this woman was no angel. She instigated the confrontation while being drunk and high on meth and was acting like a maniac (with her child in the car). Neither side disputes this.

OK...so, it a citizen did the same thing...shot into the car...what would have happened?

Second, the cop emotionally testified on the stand that he didn't see her son in the passenger seat and had he known there was a child in the car, he never would've fired on her.

Again, what is a citizen admitted to shooting into a car when they couldn't see his target?

36 posted on 06/24/2009 5:58:37 AM PDT by Fundamentally Fair (...but, it was already impossible to say which was which.)
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