VISTA
A San Diego police officer accused of shooting at a mother and her child while off-duty pleaded not guilty Tuesday afternoon to charges stemming from the incident.
Officer Frank White faces a felony count of gross negligent discharge of a firearm with two enhancements for great bodily injury and one misdemeanor count of exhibiting a firearm. If convicted, he faces a maximum penalty of nine years in prison.
White answered the judge's questions during a brief appearance in Superior Court in Vista. He was there with his wife, attorneys and two other people. He did not answer questions after the hearing.
District Attorney Bonnie Dumanis announced the charges at a noon news conference and did not take any questions from reporters.
“Every officer-involved shooting is carefully reviewed by the District Attorney's Office to determine if criminal charges should be filed,” she said. “Based on the evidence and the law, these charges are appropriate.”
White was in the process of being suspended without pay Tuesday pending the outcome of the criminal proceedings, said Det. Gary Hassen, a San Diego Police Department spokesman.
The incident occurred the night of March 15, when White and his wife encountered Rachel Silva, who was driving with her then 8-year-old son, Johnny, in the passenger seat.
The shooting evolved from an apparent road-rage dispute and ended with White firing five rounds into Silva's car, officials said. Silva was shot twice in the arm, while her son was hit once in the knee.
White was allowed to leave the courtroom on his own recognizance without posting bail and must return on Saturday to be booked and released. His next court appearance is set for Aug. 26 and a preliminary hearing is scheduled for Sept. 17.
In April, the Attorney General's Office and the San Diego County District Attorney's Office decided to split the prosecution of the cases. The attorney general took over Silva's case, while the District Attorney's Office handled the investigation into White. Both agencies agreed that it was best to conduct two independent reviews in case both Silva and White were charged.
Silva has pleaded not guilty to felony child endangerment and five misdemeanors: two drunken driving charges, possession of marijuana, driving on a suspended license and driving on a license suspended for a previous drunken driving conviction.
Silva faces up to six years in prison if convicted of the felony. Her preliminary hearing has been set for Sept. 9.
In the interim, Silva has been in a rehabilitation facility where she will remain until counselors say she can leave, said her defense attorney Michael Pancer.
In response to White's charges, Pancer said: “I think the District Attorney's Office got it just right.”
The lawyer said he spoke to his client about the charges filed against White and said Silva “is pleased that Ms. Dumanis had the courage to do this.”
White's defense attorney, Richard Pinckard, said his client denies all of the allegations.
“This case rests on the evidence,” Pinckard said after the hearing. “We'll see how it unfolds.”
Oceanside police conducted an initial investigation and turned the case over to the District Attorney's Office in April to determine whether charges should be filed.
Oceanside police said Silva's blood-alcohol level was 0.15 percent – nearly twice the legal limit – at the time. Authorities also said she had marijuana in her system.
Silva has said she doesn't recall how the confrontation started and doesn't know why White fired into her car. She also said she was only trying to get away from him when she saw his gun.
A lawsuit has been filed on behalf of Silva's son against White, the city of San Diego, the San Diego Police Department and the police chief. Silva has filed a similar claim.
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