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Mother, 8-year-old son shot by off-duty officer in alleged road-rage case

Discussion in 'Balboa Park' started by wrbanwal, Mar 26, 2008.

  1. wrbanwal

    wrbanwal Well-Known Member

    Dec 27, 2005
    WTF OVER!!!!

    An Oceanside woman shot in the arm by an off-duty San Diego police officer didn't threaten the officer before the shooting March 15, her attorney says.

    “She didn't attack him. She didn't threaten him,” Gene Iredale, an attorney for 27-year-old Rachel Silva, said yesterday. Silva's 8-year-old son, who was with her in her car, was shot in the leg. Both were released from the hospital March 19.

    Iredale said he plans to file a claim for an unspecified amount against the city of San Diego today – a first step in a possible lawsuit.

    He said his client recalls a loud argument in a Lowe's parking lot, with both parties yelling at each other, and that their cars were stationary.

    Officer Frank White, 28, was in a Mercury sedan with his wife, a Carlsbad police dispatcher. Silva, who was unarmed, was in a Honda.

    At one point White got out of his car, and Silva's son said, “Mommy, he's got a gun,” Iredale said.

    Police have said that White fired five rounds at Silva's car.

    Yesterday, an Oceanside police spokesman couldn't corroborate Iredale's account. Silva hasn't given a statement to investigators.

    The shooting occurred about 9:15 p.m. March 15 in the parking lot of Lowe's on Old Grove Road near state Route 76 in Oceanside.

    Iredale said the bullets entered the passenger's side of Silva's car. She was hit twice in the right arm.

    After the shooting, Silva backed up and struck a curb, Iredale said. He said Silva called 911 shortly after being shot.

    Iredale, who showed several photos of Silva's wounds yesterday, said a bone in her upper arm was shattered. A long line of staples that extends up over her shoulder indicates where she had surgery.

    He said Silva can't lift her right arm much above her waist, and that it's uncertain whether she has permanent nerve damage.

    Iredale said Silva doesn't remember parts of the incident, such as what happened before the argument. She lost a lot of blood and “was lapsing in and out of consciousness shortly thereafter,” he said.

    In a general description of events leading up to the shooting, police have said that one of the drivers cut off the other and that one of the drivers then followed the other into the parking lot. Police, however, haven't said who did what or released details from White's statement.

    “Was there a fender bender? No,” Iredale said. “This was a simple little traffic incident.”

    Iredale said White identified himself as a police officer at some point, but the attorney wasn't sure whether that occurred before or after the shooting.

    Oceanside police Lt. Fred Armijo said a toxicology test was given to Silva after the shooting. He said White wasn't tested, adding, “We only do that based on cause.”

    The lieutenant didn't describe behavior by Silva that could have led to a test.

    Iredale confirmed that Silva has two convictions for driving under the influence. He said she has had substance-abuse problems in the past.

    In a voice message Monday, Bradley Fields, an attorney with the law firm Bobbitt, Pinckard & Fields, which defends law enforcement officers, said he wouldn't comment while Oceanside police investigate.

    Several attempts to contact White last week were unsuccessful.

    Police have obtained a surveillance video from a nearby Shell gas station, something Iredale said he hopes to review.

    He said Silva had been living in an Oceanside apartment near the shopping center where the shooting occurred. But for the past few days, she has been staying with her mother in Escondido, he said.

    Iredale said Silva's former husband, Luis Silva, is a Marine and was in Iraq when the shooting occurred and has since returned to San Diego County.

    In addition to her 8-year-old son, Silva has a 2-year-old son, her attorney said.

    John G. Phillips, the attorney who initially represented Silva, referred the case to him, Iredale said.
  2. wrbanwal

    wrbanwal Well-Known Member

    Dec 27, 2005
    wtf over part 2!!!

    Oceanside police said yesterday that the driver's door window of an off-duty San Diego police officer's Mercury sedan was shattered after he shot a 27-year-old woman and her 8-year-old son in a traffic confrontation.

    Capt. Tom Aguigui declined to say how investigators think the window was broken.

    In an interview Tuesday, however, Aguigui said police think Officer Frank White fired at Rachel Silva's Honda from inside his car. White's wife was a passenger in his car at the time.

    At the news conference, Aguigui said there were five bullet holes in Silva's car: four in the windshield and one in the window of the front passenger's door.

    The shooting occurred March 15 in the parking lot of the Lowe's store on Old Grove Road near state Route 76 in Oceanside. It was the culmination of an apparent road-rage incident, police have said.

    Silva's 8-year-old son was shot once in the left leg. Silva was struck twice in the upper right arm. Both have been released from a hospital.

    At yesterday's news conference, Oceanside police provided few other new details. They said they recovered a handgun belonging to White at the scene. Aguigui declined to say whether the gun is White's service weapon.

    Aguigui said police have interviewed eyewitnesses, but he would not reveal what they reported seeing. He added that police are interested in talking to anyone else who was there.

    Aguigui, who oversees the Police Department's investigations division, declined to answer numerous questions about other aspects of the case.

    “We are looking for answers as to why this whole thing happened,” he said. “We are moving down that road.”

    Aguigui read a statement that said the department “understands the need to be forthcoming with information,” but that its first responsibility is to “conduct a thorough, complete and professional investigation.”

    Silva, who has hired an attorney, has filed a claim against the city of San Diego seeking an unspecified amount in damages.

    Luis Silva, the 8-year-old's father and Rachel Silva's ex-husband, is a Marine who was serving in Iraq when the incident occurred. He has since returned to the county.

    Silva, contacted yesterday in Oceanside, said he was waiting to speak to an attorney but had no further comment.

    Rachel Silva has not talked to police investigators on the advice of her attorney.

    White is on paid administrative leave. Oceanside police have declined to release details of his interview with investigators.

    A woman who answered the door at White's Oceanside home Thursday said, “No comment.” The blinds were closed, and in front of the door was a doormat with one word on it: “Leave.”
  3. Thumper

    Thumper WHS

    Aug 24, 2005
    PAID LEAVE!!!! WTF!!! This road rage cop should be behind bars. Maybe he felt that Mansker could get away with attempted murder (and even get an award from MADD), that he could too. I'll be watching this one closely.
  4. Lightning's Girl

    Lightning's Girl Mod Chick =) Staff Member Moderator

    Jan 15, 2007
    Damn. I thought the cops ran psych profiles on recruits when they're going through the academy.........I know they did way back in the day when I applied for the Sheriff's Department. They used to weed out the ones who get off on power-tripping, the ones who go "I wanna kill! I wanna badge! I wanna shoot and thump heads!" Looks like they missed the boat on this *******........I mean, WTF was he THINKING??!!!

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