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    Willowdared's Avatar
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    *Story Update* Mom Facing Felony Endangerment Charges

    Silva to face charges related to off-duty officer shooting



    By Matthew Rodriguez
    UNION-TRIBUNE STAFF WRITER
    5:53 p.m. June 9, 2008

    OCEANSIDE – Rachel Silva, whose confrontation with an off-duty San Diego police officer resulted in her and her son being shot, has been charged with felony child endangerment and five misdemeanors.
    New information about the case, including a witness statement and details of a 911 call Silva made, are also included in paperwork for an arrest warrant released Monday by the state Attorney General's Office.

    The misdemeanors are two drunken-driving charges, possession of marijuana, driving on a suspended license and driving on a license suspended for a previous DUI conviction. Silva faces up to six years in prison if convicted of the felony.

    In a declaration, a state agent wrote that he believed that Silva's “driving and actions willfully put her son” in “circumstances likely to produce great bodily injury or death.”

    At about 9:15 p.m. March 15, off-duty San Diego police Officer Frank White, 28, shot Silva, 27, twice in the right arm and her then-8-year-old son once in the left knee, culminating what police have described as an apparent road rage incident in Oceanside.


    The Attorney General's Office reviewed 2,500 pages of documents related to the case, a statement says. It concluded that “the circumstances surrounding Rachel Silva's car striking Officer Frank White's car were insufficient for the filing of a charge of assault with a deadly weapon or any other assault charge against Rachel Silva.”

    “The question we ask is, 'did a crime occur?'” said Gary Schons, the senior assistant attorney general in San Diego. “And, if it did, is the evidence such that we can prove it to a jury beyond a reasonable doubt? If we can't answer both of those questions 'yes,' we don't file it.”

    In April, Silva's case was taken over by Schons' office. District Attorney Bonnie Dumanis' office is still handling the investigation into White's actions.

    Paul Levikow, spokesman for the DA's office, said Dumanis won't comment “until our charging decision is made.” Attorneys for Silva and her son declined to comment. Silva is scheduled to be arraigned July 9.

    White, who was placed on paid administrative leave by San Diego police following the shooting, has since returned to a desk position.

    In search warrant documents, Oceanside police said Silva's blood-alcohol level was 0.15, nearly twice the legal limit, and that she had marijuana in her system. She was driving on a suspended license because of two prior DUI convictions.

    A declaration in support of an arrest warrant, written by Stephen Duncan, a special agent with the state Department of Justice, describes how authorities believe the shooting occurred, based on witness statements, 911 calls and an accident reconstruction report. Here's a summary of what it says:

    White and his wife were driving south on Old Grove Road in their Mercury Milan. A woman in front of them said she noticed Silva's Honda Accord “rolling” out of a nearby Shell gas station, making “no attempt to stop.”

    In her rearview mirror, the woman said, she saw White's car “swerve abruptly” into another lane to avoid hitting Silva's Honda.

    White turned right into a Lowe's shopping center, and Silva quickly crossed three traffic lanes and followed him, tailgating his car. White told his wife, who is a dispatcher for Carlsbad police, to call 911, “which frightened her because he had never asked her to do so before.”

    White said he couldn't see the driver of the Honda, but thought the person had long hair and a light complexion. Silva's car had dark-tinted rear windows, and a lighter tint on the front side windows.

    In the parking lot, Silva drove in front of White's car, blocking its path, the female witness said. Silva then drove in reverse, in back of White's Mercury, and pulled forward next to it, so close White said he couldn't open his door.

    White drew his .38 caliber Smith & Wesson revolver, pointed it at Silva, and said, “Police, you need to stop! Police, stop!”.

    White then backed up and stopped, planning to get out and read the Accord's license number. At about the same time, Silva called 911. “There's a guy who's pointing a gun at me,” she told the dispatcher. As White began to open his door, Silva started driving in reverse, at an angle. As the two cars passed each other, their side view mirrors made contact, and the right front side of Silva's Accord then hit the left rear of White's car.

    White opened fire as the cars passed each other, his first round shattering his closed window and passing through Silva's passenger window, apparently striking Silva's son. White then fired four more rounds through Silva's windshield, hitting her twice.

    Several gunshots can be heard on a recording of Silva's 911 call.

    “I've been shot at,” she tells the dispatcher after the shots are over. The dispatcher asks who had fired at her. “Some guy, a policeman,” Silva responds.

    Paul Pfingst, a former district attorney, said this description of Silva as an aggressive driver who put the officer in fear makes it “virtually impossible for the district attorney to find that the officer had no reasonable cause to fire at Silva's car . . . Skeptics will claim that this is what the district attorney wanted all along.”

    Silva is divorced from the boy's father, a Marine who returned from Iraq in March after the incident.

    A lawsuit was filed last month in federal court on the boy's behalf against White, the city of San Diego, and the San Diego Police Department and its police chief.
    Molly Weasley makes Chuck Norris eat his vegetables.

    Do not puff, shade, skew, tailor, firm up, stretch, massage,
    or otherwise distort statements of fact.
    FBI Special Agent Coleen Rowley

  2. #2
    Star Man's Avatar
    Star Man is offline Guns only have two enemies; rust and politicians
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    Unreal, this crazy lady is drunk off her ass, is unlucky enough to start a fight with an off duty cop and use the car as a weapon (while her own son is in the car), and now she wants to sue him and the department when she is shot by said off duty officer..... She should have to pay both sides of this BS lawsuits court costs after its flushed down the toilet.
    ...........................................

  3. #3
    Dustoff262's Avatar
    Dustoff262 is offline Retirement date: December 29, 2019
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    Here in NYC, the NYPD is ghetto Lotto. Get a ticket and sue!!!! You might wait a few years, but the city's bean counters settle out of court because its cheaper than a trial.
    "We sleep safe in our beds because rough men stand ready in the night to visit violence on those who would do us harm." -- George Orwell

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    Star Man's Avatar
    Star Man is offline Guns only have two enemies; rust and politicians
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    Quote Originally Posted by Dustoff262 View Post
    Here in NYC, the NYPD is ghetto Lotto. Get a ticket and sue!!!! You might wait a few years, but the city's bean counters settle out of court because its cheaper than a trial.
    Thats why we need laws to make the loser (or their attorney if the client doesn't have a pot to piss in) pay ALL court fees and attorney costs. I'll bet the BS would stop if the attorneys had to pay the bill for crap cases.
    ...........................................

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    Willowdared's Avatar
    Willowdared is offline Bendy not Breaky
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    By the way, her prior DUI involved her getting in a solo accident. She was found passed out behind the wheel with her other child (an 18 month old, I believe) in the back seat.

    She lost custody of that child too.
    Molly Weasley makes Chuck Norris eat his vegetables.

    Do not puff, shade, skew, tailor, firm up, stretch, massage,
    or otherwise distort statements of fact.
    FBI Special Agent Coleen Rowley

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    Kate's Avatar
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    Quote Originally Posted by Dustoff262 View Post
    Here in NYC, the NYPD is ghetto Lotto. Get a ticket and sue!!!! You might wait a few years, but the city's bean counters settle out of court because its cheaper than a trial.
    That's the way it is in Philly too. The criminals have more right than the officers and law abiding citizens. It's so screwed up.

 

 

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