OCEANSIDE: OPD: Off-duty cop fired five shots in suspected road rage incident
Woman hit twice, boy hit once in parking lot shooting
By COLLEEN MENSCHING - Staff Writer | ∞
OCEANSIDE ---- An off-duty San Diego Police Department officer fired five times at the car occupied by a 27-year-old woman and her 8-year-old son during a March 15 shooting believed to have stemmed from a road rage incident, Oceanside police said.
In a separate development, an Oceanside Police Department spokesman told the North County Times that the San Diego police officer, Franklin White, was not tested for alcohol or other drugs after the shooting. The woman, 27-year-old Rachel Silva, was tested.
Silva, a Camp Pendleton resident, has hired an attorney to help her prepare a civil claim against the city of San Diego, according to reports published Tuesday.
A Tuesday news release from Oceanside police marked the first time the department identified the female shooting victim by name, said how many shots were fired, and said how many bullets hit the woman and her son.
Two bullets struck Silva in the arm, said Oceanside Lt. Fred Armijo in an interview following the news release.
Another bullet hit her son in the knee, Armijo said. No information was available about the other two bullets.
The incident began when the driver of one car cut off the driver of the other car, Oceanside police have said.
One driver followed the other to the Lowe's Home Improvement store parking lot on Old Grove Road, where the shooting took place at about 9:30 p.m., according to officials.
Silva and her son were taken to San Diego hospitals that night. Armijo said Tuesday he did not know whether they had been released.
Police said White, 28, an Oceanside resident, was with his wife, a dispatcher for the Carlsbad Police Department, at the time of the shooting.
Both Silva and White's wife called 911 during the incident, according to Oceanside officials.
Forensic experts are doing ballistics, toxicology, accident reconstruction and video/audio enhancement testing to piece together what happened during the shooting, according to Tuesday's release.
Only Silva was tested for possible drug or alcohol use at the time of the incident, Armijo said.
"We only will go in that direction if a party is exhibiting signs and symptoms of being under the influence," he said, adding that it could be presumed that White did not appear to be under the influence at the time.
On Tuesday, neither Oceanside police nor San Diego police were able to immediately provide a copy of their policies governing toxicology screening of officers involved in shootings.
Armijo said he did not know if Silva voluntarily submitted to toxicology screening or if she was compelled by police as part of their investigation.
Silva, acting on advice from her attorney, has not made a statement to investigators about the shooting, Armijo said.
"I wouldn't say at this point that her making a statement is completely out of the question," Armijo said. "We're still hopeful about getting a statement from her."
Last week, Oceanside police reported that Silva hired John "Jack" Phillips, the attorney who represented former San Diego Chargers linebacker Steve Foley after he was shot by an off-duty Coronado police officer in 2006.
Phillips' receptionist said Tuesday she was not permitted to confirm or deny whether Phillips was still representing Silva.
Silva's civil claim is being prepared by a different attorney, according to reports.
Neither attorney returned calls for comment Tuesday.
Silva's son was interviewed within days of the shooting, Oceanside police have said.
San Diego police officials said White, who made a statement to investigators the night of the shooting, was placed on paid administrative leave following the incident.
Oceanside police have declined to release any information about White's statement, including why White chose to use potentially deadly force in the situation.
White joined the San Diego Police Department in 2005, according to officials. A spokeswoman for the department said he will not be granting media interviews.
-- Contact staff writer Colleen Mensching at (760) 739-6675 or cmensching@nctimes.com.
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TC wrote on Mar 26, 2008 6:30 AM:There are three victims in this incident - the officer, the 8-year-old boy, and the officer's wife -period
To TC wrote on Mar 26, 2008 6:51 AM:Way to conclusion jump ... People like you make me fear the jury system.
another to TC wrote on Mar 26, 2008 8:41 AM:failry silly conclusion there TC. The three victims are the boy, the mother, and the taxpayers that are going to have to pay the settlement.
resident wrote on Mar 26, 2008 10:41 AM:channel 10's website has updated info on this story
2setsofrules wrote on Mar 26, 2008 11:00 AM:2 sets of rules? Why did they not test the police officer as well?
esteban wrote on Mar 26, 2008 11:08 AM:Lets here these 911 calls! Sounds like, the cop is going to have to start dishing out some settlement money.
What wrote on Mar 26, 2008 11:14 AM:They only test people who appear to be under the influence. Funny how they tested her then it came out that she has two prior DUI convictions.
The One wrote on Mar 26, 2008 11:30 AM:With 2 off-duty officer shooting in less than a month,it's time to take guns off of our off-duty officers, We should mandate a program in wich officers must sign out for their guns when not on duty and justify the reason why they would need to carry a concealed weapon while on personal time.
el tigre wrote on Mar 26, 2008 11:52 AM:I am not saying it's the cop's fault. All the info about this case is not yet known. I do think cops should get anger management classes on a regular basis throughout their careers. Especially when their running around with loaded guns when they are off duty.
Frank wrote on Mar 26, 2008 1:42 PM:Great "Franklin White, was not tested for alcohol or other drugs after the shooting." (NCT) Great! Oceanside's OPD just showed a clear coverup. Did they let White keep his gun also? Poor officer White that nine year old boy could have killed him! KEYSTONE COPS! NO JUSTICE IN OCEANSIDE!
To the wise ones wrote on Mar 26, 2008 4:32 PM:since all of those that seem to be in the 'know' please step forward and give the OPD your eye witness account. Otherwise, let the investigation proceed, those of you who know no better don't know just how thorough this investigation will be by several different agencies
esteban wrote on Mar 26, 2008 7:55 PM:hey "the one", ya think we should take away guns from on duty guys as well? Since they get into shootings too. You seem very smart (laughter).
Nanchi wrote on Mar 26, 2008 9:21 PM:Let's see........... Driving on a suspended license with 2 prior driving under the influence convictions. Yeah, I believe her story. I can hardly wait for the results of the tests.
To Nanchi wrote on Mar 27, 2008 8:13 AM:As with TC ... People like you make me fear the jury system.
To Nanchi wrote on Mar 27, 2008 7:26 PM:A related article says that the woman recalled trying to back away from the cop. This means that his life was not in danger. He had no reason to pull his gun and fire it. I hope that the San Diego PD yanks his badge, weapon, etc. and kicks him off the force. He will have it coming.
The One wrote on Mar 28, 2008 7:40 AM:To Estaban, You missed the point.The difference is off and on duty shootings. You don't seem very smart or understand comprehension.
To "What" wrote on Mar 29, 2008 11:49 AM:
So the cops don't understand that being shot, loosing a lot of blood, seeing your child shot, being scared and in shock has an effect on humans.
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