Hearing for Officer Charged with Shooting Woman and Son Delayed

VISTA

A preliminary hearing for a police officer charged with shooting a woman and her son has been delayed so both sides can have more time to review the evidence.
The evidence includes 3,000 pages of documents and 131 CDs and DVDs, said Rick Pinckard, an attorney for San Diego police Officer Frank White.

"The investigation that was conducted by the Oceanside Police Department was probably one of the most thorough investigations that I've ever reviewed,” Pinckard said.

At a Vista Superior Court hearing Tuesday, Judge Aaron Katz set White's preliminary hearing for Nov. 5. It had been scheduled for Sept. 17.

The District Attorney's Office charged White, 28, with grossly negligent discharge of a firearm, a felony and a misdemeanor count of exhibiting a firearm. The felony charge carries two enhancements for causing great bodily injury to Rachel Silva, who was shot twice in the right arm, and her then-8-year-old son, who was shot once in the left leg.

White, who pleaded not guilty, faces up to nine years in prison. He has been put on unpaid leave.

After the hearing, Pinckard said the couple is disappointed that charges were filed against White.

“Frank believes that what he did was reasonable and necessary under the circumstances,” Pinckard said. “We believe that the evidence at trial is going to bear that out.”

Pinckard said White and his wife were victims of a road rage incident.

“That's probably the hardest part of this for them is the failure to recognize them as a victim,” Pinckard said. “Frank and his wife didn't initiate this contact. They were trying to get away from this woman.”

Pinckard said he hasn't discussed a settlement with prosecutors.

In court documents, police say Silva pulled in front of White on Old Grove Road in Oceanside shortly after 9 p.m. March 15. White, who was off duty in a Mercury Milan with his wife, swerved to avoid her Silva.

White turned into a shopping center, and Silva, who was with her son in a Honda Accord, followed into the parking lot of a Lowe's store, tailgating him.

Silva pulled alongside White, shouting at him. He pointed a five-shot .38 revolver at her and backed up. She called 911 and then drove in reverse toward White car. The vehicles mirrors touched, and the right front of her car hit the left side of White's. White fired five shots into Silva's car as their vehicles passed each other.

Police said Silva's blood-alcohol level was nearly twice the legal limit. The state Attorney General's Office charged Silva, 28, with one felony count of child endangerment and five misdemeanor counts. She pleaded not guilty.

Silva's attorney, Michael Pancer, declined to comment.