Rachel Silva, whose confrontation with an off-duty San Diego police officer in Oceanside 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 accounts of anxious 911 calls by Silva and the officer's wife, are included in court paperwork.
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.
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 an apparent road-rage incident.
The Attorney General's Office concluded that “the circumstances surrounding Silva's car striking White's were insufficient for the filing of a charge of assault with a deadly weapon.” In April, Silva's case was taken over by the state agency. San Diego County District Attorney Bonnie Dumanis' office is still handling the investigation into White's actions.
Oceanside police said that Silva's blood-alcohol level was nearly twice the legal limit and that she had marijuana in her system.
An arrest warrant declaration released yesterday describes how authorities believe the shooting occurred:
White and his wife were driving south on Old Grove Road. A woman in front of them said she noticed Silva's Honda Accord “rolling” out of a Shell gas station, making “no attempt to stop.”
White's car had to “swerve abruptly” into another lane to avoid hitting Silva's Honda. Silva followed White into a Lowe's parking lot, tailgating his car. White told his wife to call 911, “which frightened her . . . ”
In the parking lot, Silva briefly pulled in front of White's car, blocking it. Silva then drove in reverse, behind White's Mercury, and pulled next to it, so close that White couldn't open his door.
White drew his .38-caliber Smith & Wesson revolver, pointed it at Silva, and shouted, “Police! You need to stop! Police! Stop!”
White then backed up and stopped. 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 drove in reverse. Their side-view mirrors made contact, and the right front side of Silva's Accord hit the left rear of White's car.
White opened fire as the car passed, his first round shattering his closed driver's-side window and passing through Silva's passenger window, apparently striking her son. White fired four more rounds through Silva's windshield, hitting her twice.
Gunshots can be heard on a recording of Silva's 911 call, according to the arrest warrant declaration.
“I've been shot at,” she tells the dispatcher, who asks who did it. “Some guy,” Silva responds. “A policeman.”
The tapes of the 911 calls have not been released.
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Cops need to learn to keep their fucking guns put away unless they see another gun being pointed at them. There is no fucking reason to shoot at someone because they won't stop. Stay your ass in your fucking patrol car until you are able to stop the other vehicle. This cop was probably jacked up on some steriods, or Viagra. Calm your ass down and think!!! There just might be an innocence child in the car who could be caught in the cross fire.
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