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 improper handling firearm. Show all posts
Showing posts with label improper handling firearm. Show all posts
Thursday, August 28, 2008
Officer On Paid Leave Pending Investigation
Curt Suskevich, the Cape Coral police officer who was arrested last week in Key West on a drug-possession charge, generally has had a good record during his nine years of work in Cape Coral, according to his personnel file.
Suskevich and his wife, Christine, were arrested Aug. 19 on charges for possession of marijuana. Christine Suskevich, 34, was also charged with discharging a firearm under the influence of alcohol, according to a Key West police arrest report.
Christine Suskevich told police she was trying to get her husband's attention after an argument when she fired a gun from the kitchen toward a back bedroom, the report states. No one was hit by the gunshot.
Cape Coral police spokeswoman Connie Barron said the department will conduct an internal investigation of Suskevich after the process related to the Key West criminal charges is resolved. Until then, he has been placed on paid administrative leave.
Barron said it's too early to tell whether Suskevich's positive work record will have an impact on the investigation.
"That is up to the investigators," she said. "Since the internal investigation doesn't take place until after the criminal process is over, it's hard to say what factors they will take into consideration."
Suskevich's salary is $59,945, which includes a 1.18 percent merit raise based on his most recent evaluation on June 26.
On that evaluation, he was rated excellent on all criteria, including investigative skills, attitude, communication skills and knowledge. The highest rating is superior, and excellent is the second-highest.
Suskevich received commendations over the years for his help with several incidents in Cape Coral, including responding to a neighborhood disturbance. He received a letter of thanks from someone he cited for a boating violation while he was a member of the Cape Police Department's marine unit, according to the personnel file.
"I'm writing to commend Officer Suskevich on his professional demeanor when he stopped me," Carl Schultz of Fort Myers wrote to the Cape Coral Police Department in a letter dated Nov. 25, 2003. "He could easily have read me the riot act for 'senselessly endangering' my children. He could have levied a big fine. In fact, I expected both. Instead, he was courteous, helpful (discovering that one of my fire extinguishers was expired), and left a positive impression on my children and my guests."
In 2005, Suskevich received his lowest evaluation rating, good, which is third-highest on the scale. His supervisors said he needed to "increase his activity," meaning he hadn't issued enough citations on the marine unit. But they noted that other officers also had not done enough. He was also issued a "performance deficiency notice" that year for taking his assigned Cape Coral police boat outside of city limits.
Those appear to be the only blemishes on his performance record. On the 2008 evaluation, Suskevich was praised for the leadership role he was taking in training younger, less-experienced officers.
He also was cited for his role in the Police Department's quick arrest of Robert Dunn in the fatal shooting of Dunn's estranged wife, Christine Lozier Dunn, at Bobbie Noonan's Child Care in January.
"Officer Suskevich is a well rounded police officer and a valued member of our team," this year's evaluation states. "He is always eager to provide assistance both professionally and personally whenever he has been asked. He has worked hard to earn a positive image in the agency and has increased his responsibilities within the (field training officer) and firearms programs."
Suskevich also was cited for being part of a group of Cape Coral police officers who helped in Port St. Lucie after Hurricane Jeanne struck there in 2004.
Suskevich and his wife, Christine, were arrested Aug. 19 on charges for possession of marijuana. Christine Suskevich, 34, was also charged with discharging a firearm under the influence of alcohol, according to a Key West police arrest report.
Christine Suskevich told police she was trying to get her husband's attention after an argument when she fired a gun from the kitchen toward a back bedroom, the report states. No one was hit by the gunshot.
Cape Coral police spokeswoman Connie Barron said the department will conduct an internal investigation of Suskevich after the process related to the Key West criminal charges is resolved. Until then, he has been placed on paid administrative leave.
Barron said it's too early to tell whether Suskevich's positive work record will have an impact on the investigation.
"That is up to the investigators," she said. "Since the internal investigation doesn't take place until after the criminal process is over, it's hard to say what factors they will take into consideration."
Suskevich's salary is $59,945, which includes a 1.18 percent merit raise based on his most recent evaluation on June 26.
On that evaluation, he was rated excellent on all criteria, including investigative skills, attitude, communication skills and knowledge. The highest rating is superior, and excellent is the second-highest.
Suskevich received commendations over the years for his help with several incidents in Cape Coral, including responding to a neighborhood disturbance. He received a letter of thanks from someone he cited for a boating violation while he was a member of the Cape Police Department's marine unit, according to the personnel file.
"I'm writing to commend Officer Suskevich on his professional demeanor when he stopped me," Carl Schultz of Fort Myers wrote to the Cape Coral Police Department in a letter dated Nov. 25, 2003. "He could easily have read me the riot act for 'senselessly endangering' my children. He could have levied a big fine. In fact, I expected both. Instead, he was courteous, helpful (discovering that one of my fire extinguishers was expired), and left a positive impression on my children and my guests."
In 2005, Suskevich received his lowest evaluation rating, good, which is third-highest on the scale. His supervisors said he needed to "increase his activity," meaning he hadn't issued enough citations on the marine unit. But they noted that other officers also had not done enough. He was also issued a "performance deficiency notice" that year for taking his assigned Cape Coral police boat outside of city limits.
Those appear to be the only blemishes on his performance record. On the 2008 evaluation, Suskevich was praised for the leadership role he was taking in training younger, less-experienced officers.
He also was cited for his role in the Police Department's quick arrest of Robert Dunn in the fatal shooting of Dunn's estranged wife, Christine Lozier Dunn, at Bobbie Noonan's Child Care in January.
"Officer Suskevich is a well rounded police officer and a valued member of our team," this year's evaluation states. "He is always eager to provide assistance both professionally and personally whenever he has been asked. He has worked hard to earn a positive image in the agency and has increased his responsibilities within the (field training officer) and firearms programs."
Suskevich also was cited for being part of a group of Cape Coral police officers who helped in Port St. Lucie after Hurricane Jeanne struck there in 2004.
Wednesday, August 13, 2008
Sharon Township Officer Terrell Latour Charged with DWI
A Sharon township police officer faces charges after being arrested early Saturday morning.
Worthington Police Lt Micheal Daugherty says that Officer Terrell Latour was pulled over in the area of Huntley Road for traffic violations.
Daugherty says Latour showed signs of intoxication and refused to take breath and urine tests.
Latour has been charged with driving while intoxicated, failure to signal, speeding as well as a felony charge of improper handling of a firearm.
The officer was also ordered to a license suspension as well.
Latour is scheduled to appear in Franklin County Municipal court Monday.
Worthington Police Lt Micheal Daugherty says that Officer Terrell Latour was pulled over in the area of Huntley Road for traffic violations.
Daugherty says Latour showed signs of intoxication and refused to take breath and urine tests.
Latour has been charged with driving while intoxicated, failure to signal, speeding as well as a felony charge of improper handling of a firearm.
The officer was also ordered to a license suspension as well.
Latour is scheduled to appear in Franklin County Municipal court Monday.
Friday, August 08, 2008
Officer Frank White Charged in Road Rage Shooting
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.”
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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