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.
You might have that much sense. What if someone else doesn't? What if someone decides that they don't like the way that YOU were driving, and they follow you to a parking lot of a Lowes. Once there they come at your with their automobile.
Do you sit there and take it? Hope that you are not injured or killed as they play demolition derby with you in the vehicle?
‘Uh huh. I’m sure that the majority of cops are as you say. Cause the internetz told me soz. [/sarcasm] ‘
No, its not the internet. Its been pretty well documented in numerous court cases. Heck entire departments have been given federal oversight because of their corruption, LA, Miami, and so on.
I see. Conspiracy. Gotcha.
The truth stings, doesn’t it?
If you think this cop hasn’t been coached you are dreaming. Unless he has non LEO witnesses or forensic evidence to support his story I wouldn’t believe a word of it. Apparently the DA agrees with me.
To summarize your points:
1) Its ok to use deadly force on someone an officer thinks is driving impaired.
2) Its ok to use deadly force to keep your car from getting dinged.
Is that correct?
Your opinion is based on what? The evidence? Wait, it can't be that because you haven't seen any evidence.
yep, sometimes its due to fabricated police reports.
Uh huh. Yeah, that is soooo common. Oh Noes! The eeviilll Police iz outz to getz you!! Run for your lives.
I wouldn’t brandish a firearm or open fire as long as it was only my car at risk.
Are you willing to take the chance that it is only your car at risk?
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.
Again, 3rd party "reports" of what occurred are not evidence. Unless you are in a position to examine all the evidence, you are not in a position to make a judgment.
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?
Now you want to question why I would dare speak on this forum? Perhaps that tyrannical monster that you are so afraid of is closer than you think. Try looking in the mirror.
She did not try to run him down. Stick with the facts. When he displayed his gun(brandished?) she being a female and not very good at backing up(and possible intoxication) "sideswiped" his car, and He shot his gun 5 times through his closed window and into her car.
I live close to this site and it all took place within one city block.
Nice strawman. Too bad you are not even remotely close. (Hint: For a strawman to be effective, you need to at least get into the ball-park. Nice try though.)
And were you there at the time of the incident? Did you see it?
My my, how many witnesses do we have here on this forum!
“Your opinion is based on what? The evidence? Wait, it can’t be that because you haven’t seen any evidence.”
The 911 tape and public statements by both parties.
‘Uh huh. Yeah, that is soooo common. Oh Noes! The eeviilll Police iz outz to getz you!! Run for your lives.”
aka New Orleans PD - oh wait that could never happen.
“Are you willing to take the chance that it is only your car at risk?”
I am willing to use common sense. First I wouldn’t brandish a firearm, second I would shoot someone to keep my car from getting scratched.
“Again, 3rd party “reports” of what occurred are not evidence”
A 911 tape is evidence. And golly gee willerkers, the DA agrees with me!!!!
‘Now you want to question why I would dare speak on this forum?”
I could care less why you question, you obviously will blindly support cops who shoot little children in crowded parking lots.
Though Im usually called a 'cophater' around here, I was gonna give the dude the benefit of the doubt and be satisfied that he was charged at all, til that...
Not a strawman, a summary of your ranting posts.
Much more equal. The wife would have been charged as an accessory since she didn't act to stop him, if it were a "civilian"; not that she wouldn't eventually be cleared, but they would pile on all kinds of crap like that to break the family financially and emotionally to get a plea.
Of course, there are those who will act exatly as you describe and create an unavoidable mess. But does even a well-placed bullet stop a car? It’s hard for me to see what purpose was being served by firing the shots. Did the cop think it would scare her off? I repeat that both parties here were foolishly - in one case, drunkenly - hotheaded.
isn’t that how the cops treat citizens?
NO. What????????
BULLSHOES!!! You are guilty, you are cuffed, you are brought to jail....if you are innocent you can tell that to the judge...in the meantime you are jailed.
Police break down doors and shoot people...sometimes the people are guilty...sometimes innocent..WHOOPS! Sorry
People are arrested for protecting their own home and sued by the people who are breaking in.
I have never been arrested or in trouble with the law, but I have yet to meet a policeman who I would call normal or helpful. They are bullies with guns that make threats, intimidate and harass...and this is how they treat the innocent.
When you do make a report you are a bother....you are a problem....it’s your own fault because you made yourself an easy target....you are taking time away from real crime being solved....you are talked down to....belittled.
Sorry, but the answer is YES...citizens are treated either like a criminal or a problem/bother.
I have zero sympathy for this cop. He could have put a bullet in to the head of a child.....if the roles were reversed and it was the woman who fired in to the car of a policeman she and her son would be dead.
Backup would have been called....the woman would have died in a hail of bullets and her son with her and she would have been blamed for it all.
Don’t try and give me that tripe that citizens are not treated with contempt by police. You ARE guilty and if you dont stop bothering them they will figure out what you are guilty of and arrest you....but not until you taste the business end of a flashlight or billyclub....if you’re lucky you will only get tazed. Best you can do is shut your damn mouth and move along.....nothing to see here......
“I repeat that both parties here were foolishly - in one case, drunkenly - hotheaded.”
I would agree with that. Which is why I avoid any semblance of road rage when driving. Its simply not worth it.
The only "warning shot" advisable in a situation that justifies firing a shot at all -- should be directed at center of mass on the perp......for effect.
If the desired effect is not achieved -- fire again, and multiple times as required.
Judge Dredd was a stupid movie but very appropriate for the power some cops think they have.
The sad fact is that every cop knows what to say when someone really screws up. And if he doesn't, the union lawyers will enlighten him (e.g., I thought he was holding something.) and his buddies on the force will stand behind it. Completely and totally predictable.
If you really want to be scared, think of why this guy thought he could get away with it.
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.