An off-duty San Diego police officer pleaded not guilty July 29 to charges relating to the shooting of a mother and her 8-year-old son in March.
Franklin “Frank” White is charged with one 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 up to nine years in prison, according to the District Attorney’s Office.
Rachel Silva and her son, Johnny, were shot March 15 after she and White, 28, were involved in a traffic dispute that prompted the off-duty officer to fire five shots into Silva’s car at a home-improvement store parking lot in the 100 block of Old Grove Road in Oceanside, according to court documents.
Before White fired into Silva’s vehicle, striking her twice in the arm and her son twice in the leg, Silva allegedly pursued and struck White’s vehicle, which contained him and his wife, court documents state. Further, Silva allegedly nearly caused a collision with another vehicle just prior to the incident with White.
“Every officer-involved shooting is carefully reviewed by the District Attorney’s Office to determine if criminal charges should be filed,” District Attorney Bonnie Dumanis said in a press release. “Based on the evidence and the law, these charges are appropriate.”
Police Chief William Lansdowne declined to comment on the charges.
White has been placed on unpaid leave pending an internal investigation that could take up to 90 days, said Monica Munoz, a spokeswoman with the San Diego Police Department.
Last month, after reviewing 2,500 pages of documents, including an accident reconstruction report, the state Attorney General’s Office concluded that there was insufficient evidence surrounding the circumstances of Silva striking White’s car to file assault charges against her.
However, because she’d allegedly been driving with a .15 blood alcohol level, the state charged her with child endangerment, driving under the influence and possession of marijuana.
The state Attorney General’s Office took over Silva’s investigation from the San Diego District Attorney’s Office last month after the two agencies met with the Oceanside Police Department, which initially investigated the case.
Silva, who was driving on a suspended license at the time of incident, is currently in a court-ordered rehabilitation center, her attorney Michael Pancer said.
“She’s pleased to see the District Attorney’s office took some action and feels somewhat vindicated,” Pancer said of Silva’s feelings about White being charged.
This is the first time since 1995, when former San Diego Police Officer Christopher Chaney shot a fleeing suspect in the arm and was charged with assault with a deadly weapon, that an officer has been charged in connection with an officer-involved shooting, Steve Walker, a spokesman for the District Attorney’s Office, said.
A jury acquitted Chaney after only a few minutes of deliberations, Walker said.
Civil lawsuits have been filed against the San Diego Police Department, Lansdowne and White by Silva and her ex-husband on behalf of their son. In addition to monetary damages, the suit also seeks policy changes for law enforcement personnel of the San Diego Police Department.
Pancer, who’s also representing Silva in her civil case, said he believed the criminal charges against White “impacted the civil claims a great deal.”
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