yep, cops should just start shooting anyone they see driving erratically.
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.
I say cops guilty if she didnt block his car in.
Or maybe I should say any citizen would be guilty.
Nyuck!
I would probably make a 77 point turn in a bus.
The facts are the cop shot two people...one of them a kid.
They called the founding fathers conspiracy nuts too...so I am in good company.
I lived in New Orleans for 9 years....over that period of time there were 3 FBI investigations in to the corrupt practices of the police force and several firings. There were prostitution rings, drug rings and lots of organized crimes commited.
During the aftermath of Katrina, the police cut and ran like cowards leaving the helpless to die. Ya, way to go boys in blue!!!
Those are facts. No conspiracy there, just firing after firing after firing....crime after crime after crime.
But let’s ignore all that.....it’s so much easier to say the accuser is crazy. The rape victim had it coming to her. The theft victim left his door open. ANYTHING but admitting a corrupt law enfocement officer is at fault.
The FACTS don’t lie and a rapist can accuse the victims all he likes, it still doesnt change the fact that youre a rapist.
If you want to defend that behavior and deflect facts by yelling conspiracy then have at it. But you come off looking like an arrogant a$$hole.....which is pretty much typical of the many cops.
He should be fined a weeks pay for poor gun control, the drunk driver lived.
It’s reasonable to believe he didn’t see the child in the car.
The prosecutor missed the call on this incident.
yep, cops should just start shooting anyone they see driving erratically.
So someone attempting to crash a 1500 lb automobile into you is no big deal?
There is a big difference between ATTEMPTING to CRASH into ME. Compared to happening to sideswipe my SUV.
Under the CA Penal Code (830.1), a “Peace Officer” classification has no distinction for being “off duty”. An 830.1 PC Peace Officer in CA (which includes SDPD), is considered as being a sworn officer 7/24.
Also, CA Peace Officers have no underlying legal obligation to retreat. The issue is “reasonable” fear of great bodily injury or death. The lawyers/jury will have to figure that one out.
A San Diego jwill NEVER convict him. This is a dog & pony show for the Lib/RINO/Lesbo District Attorney.
Finally a post that makes sense!
Did you read the article? From your comment it appears you didn’t or if you did you failed to understand it.
There was far more than erratic driving involved. The women pursued the policeman’s vehicle onto a parking lot. She side swiped his vehicle while backing up and she was arrested for drunk driving for the third time.
He had a right to shoot a mean drunk who attempted to harm him with her vechicle.
“This is a dog & pony show for the Lib/RINO/Lesbo District Attorney.”
So I guess anyone who has a problem with cops shooting a woman and a kid fits into that category?
“There was far more than erratic driving involved. “
Not really. There was a near accident and the two cars ended up in the parking lot. From other posts of people in that area the distance from near accident to parking lot was very short.
Public statements indicated he pulled the gun first. She called 911 and tried to get away from a man with a gun. In the process she backed into his car. This was done at low speed as both cars were at a stop and neither had time to obtain any speed.
He shot 5 times from inside his car, thru his window into her car.
They arrested her for drunk driving but she has not been convicted as of yet. people don’t seem willing to give her the benefit they want the cop to have (innocent before proven).
“He had a right to shoot a mean drunk who attempted to harm him with her vechicle.”
He had no proof that she was drunk. He had not run her plates as he was off duty and in his own car out of his jurisdiction.
Also, the last I heard being mean and or drunk is not justification for deadly force. The question is around intent, her intent was apparently to get away from a man with a gun.
Maybe it’s different up in Dallas, but in Houston if you tailgate somebody, follow them into a parking lot, and sideswipe their car, you are asking to be shot.
Whether they’re a cop or not.
I’m wholly against JBTs myself, but this sounds like the followee was justified.
Yeah, I think siding with the drunk, enraged, mother is not so smart.
Thank you. I learned to drive in a one ton International Harvester 3 on the column. I can drive anything including a quarry truck.
You guessed wrong.
Ready/Fire/Aim
typical of a cop
What if he weren't a cop? Do you think he'd still be out still be free?
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