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.
Showing posts with label Frank White. Show all posts
Showing posts with label Frank White. Show all posts
Thursday, August 28, 2008
Wednesday, July 30, 2008
Officer Who Shot Boy Pleads Not Guilty
VISTA, Calif.
A San Diego police officer claims caution prompted him to unload five bullet rounds at an 8-year-old boy and his mother during an off-duty traffic dispute, but prosecutors Tuesday called it a case of "apparent road rage."
Frank White pleaded not guilty to one felony count of discharging a firearm in a grossly negligent manner and one misdemeanor count of drawing a concealed weapon in public. He faces up to nine years in prison if convicted.
Prosecutors accuse White of firing at Rachel Silva's Honda Accord from the driver's seat of his own car after a screaming match triggered by a near-collision at a busy intersection.
One bullet struck Silva's son Johnny in the knee; the boy was hospitalized and required surgery. Two others struck Silva in the upper arm.
White, 28, answered a single procedural question at his arraignment before Superior Court Judge Marshall Hockett and was released on his own recognizance. He declined to speak with reporters as he left the courthouse with his wife, Jacquellyn.
White's attorney, Richard Pinckard, entered the plea on his client's behalf.
"We don't believe that there's anything to support that our client's conduct was unreasonable under the circumstances," Pinckard said after the hearing.
White was also stripped of his police powers and placed on unpaid leave from the San Diego Police Department while his case is under internal review, Chief William Lansdowne said. White was assigned to administrative duty after the March 15 shooting.
White is the second law enforcement officer that Dumanis charged since taking office in 2003; the first was a sheriff's deputy accused of killing his wife. She has faced criticism in some quarters for declining to pursue charges in other high-profile cases, including the 2006 shooting of former Chargers linebacker Steve Foley by an off-duty officer.
"Based on the evidence and the law, these charges are appropriate," Dumanis said in a brief statement. She refused to take questions from reporters.
White was driving his personal car when he and Rachel Silva nearly collided on a busy thoroughfare in Oceanside, about 40 miles north of San Diego. Witnesses said Silva responded aggressively, tailing White and his wife to a parking lot.
According to an arrest warrant filed Tuesday, White was wearing his .38 Smith and Wesson revolver on his waistband and aimed it at Silva as she pulled parallel to him. Silva called 911 and said, "There's a man who's pulling a gun on me," then sideswiped White's car as she reversed past it after he began to open the driver's side door.
White told investigators that he fired because he thought Silva was trying to hit him with her car, according to search warrants filed earlier in the case. He claimed he did not see her son through the windshield.
White's wife, a police dispatcher, was in their car.
Tests showed Silva had a blood alcohol level nearly twice the legal limit. The 27-year-old pleaded not guilty this month to felony child endangerment and misdemeanor drunken-driving and marijuana-possession charges filed by the state attorney general's office.
Her attorney, Michael Pancer, said he was pleased by Dumanis' decision.
"She did the right thing," Pancer said.
Silva and her son have each filed lawsuits seeking damages from the city of San Diego. Lawyers for the boy also filed a complaint in federal court in May claiming police were inadequately screened, trained and disciplined.
A San Diego police officer claims caution prompted him to unload five bullet rounds at an 8-year-old boy and his mother during an off-duty traffic dispute, but prosecutors Tuesday called it a case of "apparent road rage."
Frank White pleaded not guilty to one felony count of discharging a firearm in a grossly negligent manner and one misdemeanor count of drawing a concealed weapon in public. He faces up to nine years in prison if convicted.
Prosecutors accuse White of firing at Rachel Silva's Honda Accord from the driver's seat of his own car after a screaming match triggered by a near-collision at a busy intersection.
One bullet struck Silva's son Johnny in the knee; the boy was hospitalized and required surgery. Two others struck Silva in the upper arm.
White, 28, answered a single procedural question at his arraignment before Superior Court Judge Marshall Hockett and was released on his own recognizance. He declined to speak with reporters as he left the courthouse with his wife, Jacquellyn.
White's attorney, Richard Pinckard, entered the plea on his client's behalf.
"We don't believe that there's anything to support that our client's conduct was unreasonable under the circumstances," Pinckard said after the hearing.
White was also stripped of his police powers and placed on unpaid leave from the San Diego Police Department while his case is under internal review, Chief William Lansdowne said. White was assigned to administrative duty after the March 15 shooting.
White is the second law enforcement officer that Dumanis charged since taking office in 2003; the first was a sheriff's deputy accused of killing his wife. She has faced criticism in some quarters for declining to pursue charges in other high-profile cases, including the 2006 shooting of former Chargers linebacker Steve Foley by an off-duty officer.
"Based on the evidence and the law, these charges are appropriate," Dumanis said in a brief statement. She refused to take questions from reporters.
White was driving his personal car when he and Rachel Silva nearly collided on a busy thoroughfare in Oceanside, about 40 miles north of San Diego. Witnesses said Silva responded aggressively, tailing White and his wife to a parking lot.
According to an arrest warrant filed Tuesday, White was wearing his .38 Smith and Wesson revolver on his waistband and aimed it at Silva as she pulled parallel to him. Silva called 911 and said, "There's a man who's pulling a gun on me," then sideswiped White's car as she reversed past it after he began to open the driver's side door.
White told investigators that he fired because he thought Silva was trying to hit him with her car, according to search warrants filed earlier in the case. He claimed he did not see her son through the windshield.
White's wife, a police dispatcher, was in their car.
Tests showed Silva had a blood alcohol level nearly twice the legal limit. The 27-year-old pleaded not guilty this month to felony child endangerment and misdemeanor drunken-driving and marijuana-possession charges filed by the state attorney general's office.
Her attorney, Michael Pancer, said he was pleased by Dumanis' decision.
"She did the right thing," Pancer said.
Silva and her son have each filed lawsuits seeking damages from the city of San Diego. Lawyers for the boy also filed a complaint in federal court in May claiming police were inadequately screened, trained and disciplined.
Officer Pleads Not Guilty in Road Rage Shooting
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.
Wednesday, June 11, 2008
Woman and Son Shot By Cop
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.
*****************************
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.
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.
*****************************
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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