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DA Charges Officer Who Shot Woman, Her Son
NBC San Diego ^ | July 29, 2008 | NBC San Diego

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.


TOPICS: Crime/Corruption; Government; News/Current Events
KEYWORDS: banglist; donutwatch; fired; leo; roadrage; silva; white
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To: river rat

Bingo!


61 posted on 08/13/2008 10:05:20 AM PDT by SJSAMPLE
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To: Sandreckoner

“Oh, wait, he’s a cop, and this is FR, home to a bizarre number of people with a Pig Complex”

Ditto


62 posted on 08/13/2008 10:09:31 AM PDT by Cyman
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To: driftdiver
The 911 tape and public statements by both parties.

Both of which prove what? Not to mention, who was on the 911 tape? Are you saying that you heard it? Because the same news sources that you are relying on here, say that you are aLIAR. http://www.nbcsandiego.com/news/15763432/detail.html

"City Attorney John Mullen wrote the North County Times that the 911 tapes won't be released, saying they "are part of the investigatory file in this matter and are therefore exempt" from Public Records Act disclosure rules."

aka New Orleans PD - oh wait that could never happen.

You live in New Orleans? I thought that you lived in San Diego? Can't you make up your mind.

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.

Because you are sure that's what happened.

A 911 tape is evidence. And golly gee willerkers, the DA agrees with me!!!!

So if the DA agrees that's all that matters? Not to mention we only have your assertion that the DA agrees. Sometimes the DA will bring charges in a close case and decide that it's best for the Jury to decide.

Here's an idea. Why not wait for the Jury's decision! Wait, that would make TOO MUCH SENSE!

I could care less why you question, you obviously will blindly support cops who shoot little children in crowded parking lots.

Yeah, that's what I am doing. [/sarcasm] (Please seek help) [/not sarcasm]

63 posted on 08/13/2008 10:10:54 AM PDT by freedomwarrior998
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To: Cyman

Perhaps people would not have a, “pig complex” if policeman were not such....um.....pigs!!!


64 posted on 08/13/2008 10:11:08 AM PDT by texan75010
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To: driftdiver
Not a strawman, a summary of your ranting posts.

I'd suggest taking some lessons in reading comprehension if that's what you think.

65 posted on 08/13/2008 10:11:50 AM PDT by freedomwarrior998
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To: texan75010
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......


66 posted on 08/13/2008 10:13:31 AM PDT by freedomwarrior998
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To: Ford4000
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.


67 posted on 08/13/2008 10:16:15 AM PDT by freedomwarrior998
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To: freedomwarrior998

Dude get over yourself. He shot the woman and the boy. Unless he was outside his car or she had a gun there is no justification in this instance for his use of deadly force.

Oh wait he’s a cop, that makes it ok.


68 posted on 08/13/2008 10:17:28 AM PDT by driftdiver (No More Obama - The corruption hasnÂ’t changed despite all our hopes.)
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To: freedomwarrior998

http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=71096

Yes, the kid who was tasered 19 times and had a broken back was a conspiracy nut too.

You are no better than the swine you cover for.


69 posted on 08/13/2008 10:17:53 AM PDT by texan75010
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To: texan75010

you are so right, i am more scared of the cops than the crooks.


70 posted on 08/13/2008 10:21:22 AM PDT by old gringo
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To: BoneHead

I’m female and I can parallel park a 77 passenger bus. Can you do that? @sswipe.


71 posted on 08/13/2008 10:23:30 AM PDT by BruceysMom (My heart is in Rock Springs.)
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To: driftdiver
Dude get over yourself. He shot the woman and the boy. Unless he was outside his car or she had a gun there is no justification in this instance for his use of deadly force.

Dude, why not admit that you have no idea what happened. Why not wait for the results of the trial. But then, you also implied that you had listened to the 911 tape in this case. A tape that news reports say won't be released.

How then did you manage to listen to it?

Oh wait he’s a cop, that makes it ok.

Another strawman.

72 posted on 08/13/2008 10:24:04 AM PDT by freedomwarrior998
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To: texan75010
Yes, the kid who was tasered 19 times and had a broken back was a conspiracy nut too.

I can't say that. I can only say that I am pretty sure that you are.

You are no better than the swine you cover for.


73 posted on 08/13/2008 10:27:30 AM PDT by freedomwarrior998
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To: driftdiver
BTW: One of the search warrant affidavits in this case makes the incident look a bit different than the news reports.

http://www.nbcsandiego.com/download/2008/0414/15878693.pdf

74 posted on 08/13/2008 10:28:16 AM PDT by freedomwarrior998
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To: freedomwarrior998

“Dude, why not admit that you have no idea what happened.”

Actually we have a pretty darn good idea what happened. It was bad enough the cop actually got charged which is a rarity.


75 posted on 08/13/2008 10:28:44 AM PDT by driftdiver (No More Obama - The corruption hasnÂ’t changed despite all our hopes.)
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To: driftdiver
Actually we have a pretty darn good idea what happened. It was bad enough the cop actually got charged which is a rarity.

Did you get that idea from the 911 tape?

76 posted on 08/13/2008 10:29:58 AM PDT by freedomwarrior998
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To: freedomwarrior998

Makes what look different? What else is there except he shot the woman and the boy? Cops going on a snipe hunt to find some way to discredit this woman isn’t surprising.

Look at what happened to that mayor up in the DC area.


77 posted on 08/13/2008 10:31:45 AM PDT by driftdiver (No More Obama - The corruption hasnÂ’t changed despite all our hopes.)
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To: freedomwarrior998

Your hysterical ranting reminds me of a similar thread going about the Shawn Bell shooting in NYC. I guess some people can be fooled all the time.


78 posted on 08/13/2008 10:31:53 AM PDT by Ford4000
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To: freedomwarrior998
God I love this country. Opinions and assholes, We all have them.

I was asking SDRK to keep to the text of the article that the ODO's car was sideswiped, he was not being runned down as SDRK stated.

I live within 7 miles of this event and patronize the Loews there. The marks for the car positions are still in the parking lot. The earliest reports said the event began at the corner of Ca SR76 and Old Grove Road. There are only three driveways into the parking lot. Its all within one city block.

Dude! It took 9 months for the DA to charge the ODO. Let the court work.

Bonehead

79 posted on 08/13/2008 10:33:08 AM PDT by BoneHead (Not going to launch into hyperbole)
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To: freedomwarrior998

“Did you get that idea from the 911 tape?’

Get over yourself. He shot the woman and the boy. Unless the 911 tape shows her shooting at him before he shoots there is no justification for deadly force.

He shot her from inside his car, thru his window. The only sad thing with him getting charged is he can only get 9 years. Anyone else would be up for 30 or 40.


80 posted on 08/13/2008 10:33:45 AM PDT by driftdiver (No More Obama - The corruption hasnÂ’t changed despite all our hopes.)
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