OCEANSIDE: Police Department denies request for 911 tapes
By PAUL SISSON - Staff Writer | ∞
OCEANSIDE ---- The Oceanside Police Department has refused a request from the North County Times to release copies of the 911 emergency tapes recorded during a March 15 incident in which an off-duty San Diego police officer shot a woman and her 8-year-old child during an alleged episode of road rage.
The 911 calls were made to emergency dispatchers by off-duty San Diego police officer Frank White and motorist Rachel Silva, around the time the officer shot Silva and her 8-year-old son in the parking lot of a Lowe's store at Highway 76 and Old Grove Road.
The Oceanside Police Department, which is investigating the incident, has shed little light on the events that led up to the shooting, except to say that White and Silva were involved in a traffic dispute before pulling into the parking lot.
A letter, written by Oceanside City Attorney John Mullen and received by the Times on Friday, denies a request for copies of all 911 tapes recorded during the incident. The letter says the tapes "are part of the investigatory file in this matter and are therefore exempt from the disclosure provisions of the (Public Records Act)."
The letter cites a specific section of the act that allows law enforcement agencies to keep records secret when "the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record."
In the letter, Mullen writes that the 911 tapes "are or contain evidence that is being evaluated as part of the criminal investigation into this matter according to (the Oceanside Police Department.)"
In a telephone interview Monday, Mullen declined to say specifically what statements contained in the recordings might jeopardize investigation of the case. But he did say he does not expect the tapes to remain undisclosed.
"I believe these will be turned over, but not until the investigation is concluded," Mullen said. "When the matter is wrapped up, and the investigation has been turned over to the District Attorney's office, when all of the witnesses have been interviewed, I expect they will be released."
Peter Scheer, executive director of the California First Amendment Coalition and a graduate of Harvard Law School, said Monday that public records law allows a law enforcement agency like the Oceanside Police Department to withhold 911 tapes for certain reasons.
"They're citing the right sections," Scheer said. "They're saying the right things. One might be skeptical about whether their investigation might truly be jeopardized, but, since we're not in the position to know what's on that tape, we can't know if they're telling the truth."
He noted that only a judge would have the authority to review the tapes and determine whether their release would truly jeopardize the investigation.
"For government agencies that refuse to turn over records, the only way to get that decision changed is to take it to court," Scheer said. "It's possible that a judge, listening to those tapes in (chambers) might decide otherwise."
Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com. Comment at nctimes.com.
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Tapes wrote on Mar 31, 2008 1:16 PM:Thanks for trying to get them.... This is more than what is happening in the Temecula shooting... goin on 4 weeks there and no word... OPD is at least saying something.
What do they have to hid? wrote on Mar 31, 2008 1:20 PM:I mean the cops ask me if I will show them my ID and I do, I HAVE NOTHING TO HIDE! But evidently the Police Department does BIG TIME.
Oceanside, CA wrote on Mar 31, 2008 1:24 PM:A small city north of San Diego, once to have had rumored a City Hall, Police Department and its own Fire Department, Schools and Hospital. Story goes that after the lawyers were done with them they were left with some palm branches on the local beach for a park.
Taxpayer wrote on Mar 31, 2008 1:29 PM:To Brain, go get'm big boy... More fuel for your sheep comments!
Not surprised wrote on Mar 31, 2008 1:34 PM:They didn't seem to have a problem disclosing that Silva was driving on a suspended license and other data making her look bad. No problem either in letting White get by with no tox test. OPD is really looking bad in this investigation, or as reported elsewhere, a sham.
Felix wrote on Mar 31, 2008 1:39 PM:Sounds like a cover up to me. The 911 tapes will be released in the future.
OPD has made themselves part of the crime.
Remember watergate. If they can not rap up a shooting in two weeks than they need the FBI to take over.
I smell a rat! wrote on Mar 31, 2008 1:45 PM:Oceanside, CA- I hope your romors turn true in Oceanside's case. Maybe we will bet rid of OPD and dirty city hall. I will be happy with a beach and palm branches knowing that they will be gone!!!
Sam wrote on Mar 31, 2008 1:48 PM:We need to get rid of OPD and bring in the sheriff's at least with the sheriffs we know what we got.
esteban wrote on Mar 31, 2008 2:25 PM:NCT, you'll get the tapes when OPD is good and ready to give them to you. Now just sit back and be quiet.
Why we are waiting ??? wrote on Mar 31, 2008 2:43 PM:Silva has still not given a statement...You don't show your full hand of poker until Silva calls....Blame her for holding up the investigation !
R wrote on Mar 31, 2008 2:55 PM:"NCT, you'll get the tapes when OPD is good and ready to give them to you. Now just sit back and be quiet."
That's the Amerikan way, eh, esteban?
"BE QUIET" -- What a shame.
Peter wrote on Mar 31, 2008 3:20 PM:So I’m supposed to believe that White is driving, incident starts and he calls 911? Why not have his dispatcher wife, who I am sure is familiar with procedure make the call so he can focus on driving? Maybe she was driving, or what if she had already called a fellow dispatcher offline to have Silva’s plate run? All we need now is an 18 second gap in the tape. As for replacing OPD, no thanks, I think the officers that patrol our city do a great job. No offense to the patrol officers, but I think it is time for the U.S. Justice Department to take over the investigation.
To esteban wrote on Mar 31, 2008 3:48 PM:You need to get a job. You are on this web site at all hours. Your getting tired as your preaching.
No Fan, But.. wrote on Mar 31, 2008 3:56 PM:Hey, I'm no fan of OPD, but for all those crying "cover up", it's hard to cover up something that we are all discussing! There's no way anyone could cover this up at this point. Don't you see that all that is keeping them from moving forward and making info available is an interview with the "victim"? I think someone is hiding something, but I don't think it's the cops. Something smells funny, but in this case I think it might be a bit of stench wafting over from a ... mom, driving with a suspended license, with a kid in the car, who tried to run someone over with her car in a parking lot. Makes a lot more sense than the other paranoid possibilities I've been reading here.
Osider wrote on Mar 31, 2008 3:57 PM:I'm thankful this shooting how no racial issues. Oceanside might have really big problems.
Can't defend them no more! wrote on Mar 31, 2008 3:58 PM:I am washing my hands of Oceanside PD, and our local government...I can't do any more than refusing to defend the integrity of the police department, but I do have control over elected members of council and the mayor...start releasing info, or say buh-bye guys and gals...I will work very hard to ensure you will all be history come your next campaign for reelection.
Taxpayer wrote on Mar 31, 2008 4:25 PM:All of you conspiracy types need to get a life. You also need to go back and review the facts / issues that have come out so far, like who called 911. You also need to look and see who is hiding what in this case. You all want to blame the cop but he has come forward with his story. The woman hired a shister lawyer to up her potential lawsuit and to protect her from herself. Stop the crapola and let OPD try and finish up the investigation. You and this rag of a newspaper have no say in this, so get over it!
Karl wrote on Mar 31, 2008 4:33 PM:To esteban @ 3:48 PM: How would you know how much Estaban is on this site?
Maybe you should take your own advice.
Resident wrote on Mar 31, 2008 4:48 PM:The cover-up by OPD and District Attorney Bonnie Dumanis has started. It's time to involve the State Attorney General or the US Justice Department.
Jailtime wrote on Mar 31, 2008 5:02 PM:What, are the OPD in kindergarten? Lets get this case put to bed already. I've got my mind made up, whether it is right or wrong, this childish, I won't budge if she doesn't budge, it's plain stubbornness. They know exactly what happened but are unwilling to let the public know. I hope nothing ever happens to me in Oceanside. I'd probably be very old by the time they figured it out.
The One wrote on Mar 31, 2008 5:14 PM:Sorry but it seems that the tapes have not been edited yet of any incrimenating evidence.Can you say COVER UP!
Hmmm... wrote on Mar 31, 2008 5:17 PM:Time to file a FOIA request. Come to think of it they can't REFUSE to release the tape. It's... AGAINST THE LAW!!!
Why is OPD doing this White ain't one of their's?!?!?
Does this woman have some connection to any of the current defendants in Officer Bessant's trial or something? Do they (OPD) just like to put their can's in the fire just because having their can's crushed in a vise wasn't easier to do that day?
esteban wrote on Mar 31, 2008 5:18 PM:It is up to the police to decide when the taxpayers will get information, nobody can dictate what the procedure is. If you don't like it move to China.
Ya know... wrote on Mar 31, 2008 5:23 PM:It's really time to get rid of the BLOATED payroll of OPD and replace them with the contracted services of the San Diego County Sheriff.
OPD officers make over 100k a year with overtime contracting with the SDSO would save around 30k per deputy.
WHAT THE HECK ARE WE WAITING FOR SOME COP TO SHOOT A WOMAN AND AN 8 YEAR OLD KID OR SOMETHING TO SUE THE CITY FOR ALL IT'S GOT BECAUSE IT COVERED FOR AN OFFICER THAT WASN'T EVEN PART OF THEIR CITY?!?
oh wait...that did happen didn't it... so where do we sign with the Sheriff's Office?!?!
Julie wrote on Mar 31, 2008 5:45 PM:Maybe Esteban is an OPD cop blogging day and night. Must be nice to get paid $100,000.000 per year to bully people and brag on the North County Times.
So NCT pull the plug on the OPD cop blogs until they turn in the tapes!!
Ed wrote on Mar 31, 2008 5:45 PM:If I were Silva, I'd be on all the news channels professing my guilt and talking about the unprovoked actions of a crazed man with a gun. What does she have to hide? She has nothing to gain by keeping quiet if it is all about a crazy off-duty cop. Come on Silva, give us your story so half the answers are out and we can continue with judging this case in the public!!!
Jojoclown wrote on Mar 31, 2008 6:22 PM:Relax people, there is an investigation in process. When the investigation is done then you will know what went down. Until then sit tight and stop speculating and running blogs on emotion-"most of us do". The facts when released may be entirely opposite of what most people are thinking. Truth is often stranger than fiction, and so far the blogs have been mostly in the form of fiction. All we really know is the names of the people involved.
To R.... wrote on Mar 31, 2008 6:26 PM:I agree... with your Esteban statement..
(Maybe he is a Cop keeping an ear out on what the public is saying about this.)
I do want to thank NCT for trying to get some information (regarding the 911 tapes)out to everyone reading. It is hard to pass any sort of judgement without knowing what the parties involved already know....
Sigrid wrote on Mar 31, 2008 6:48 PM:What excuse does an officer intoxicated or not have to shoot a unarmed woman and child? She may or may not be guilty of any number of traffic infractions however that is not just cause for getting shot/shot at!! Some people are just missing the picture here. Even if this is the first time this police officer has "lost it" it's still once too many.
Internal Affairs should have made an announcement to the public already.
To "Can't Defend" wrote on Mar 31, 2008 7:22 PM:With your poor grammar, "I can't do any more than refusing to defend..." I think as an elected city official I would not be afraid of you leading the offense against my campaign. If you cannot be articulate in print, I seriously doubt you will have any impact on my campaign. Please try, you will only gain more support for me.
Oceanside resident wrote on Mar 31, 2008 7:42 PM:I am a resident of Oceanside and an active duty Marine with over 27 years of service. I recently rotated out of Iraq for the 5th time and I am due to go back in 6 months. I have seen what a corrupt government looks like first hand. For those of you that complain about our (Oceanside) local government and our Police force, I say to you that you honestly have no clue. I invite each one of you to enlist and board a C-5 transport for a ride to Iraq and experience what it is like to part of the solution to get a government and country back on it’s feet. I have three children and I am concerned about this incident but I am waiting for the investigation to be completed. I have lived in the Oceanside community since 1982. I have seen the transition that the city has gone through and it is all been positive. You need to let the Oceanside Police Department conduct its investigation. Better yet become more educated and go down to the Police department and ask for a ride-a-along request. I did this several years ago to get a better understanding about out Police department. After the ride-a-long I walked away with a better understanding.
Raoul wrote on Mar 31, 2008 8:05 PM:I truly hope that this shooting and the Temecula shooting are not the beginning of a trend. BTW, I've tried posting some EXTREMELY interesting information concerning the Temecula shooting but the NCT is not allowing me to post it (not sure if this will make it through either). Maybe they feel that it would open them up to some kind of liability?... Can't see how, freedom of speech and all and I don't see how press laws apply to my comments? In any case if anyone is interested then I'd be willing to post the information that I have in another forum. I have no problem disclosing the fact that until this last weekend, when I acquired the information, I was rapidly in support of the officer. Now... well I'm just not so sure anymore...
esteban wrote on Mar 31, 2008 8:08 PM:To "To esteban at 3:48" Is that all you got? Good lookin out Karl! The esteban post at 5:18 is not authentic. Oh and yes Julie, you got me, I can't keep it in anymore...(sigh). I'm really OPD and I am on the Blog Task Force (BTF). I get paid OVER $100k a year to monitor the blogs and put OPD's two cents in. All this after hours blogging I am doing right now is on YOUR dime!!! Thanks again!!!!
To OS Resident 7:42 PM wrote on Mar 31, 2008 8:20 PM:First, let me thank you for your continued service to this country! Some people like to call themselves hero's, but you are the ones who are true hero's in my mind. My only disagreement with you is your suggestion for those of us who question this entire incident to go for a "Ride-a-long". This is not a cop in a patrol car. This is a case where the officer was off-duty, got involved in road-rage in his own car, no uniform apparently, and shot 5 shots into a car.
It's impossible to believe his intent was not to kill the people in this car. This woman and her 8yo child both are lucky to be alive. I have tried but cannot come up with any scenario that could justify his intent to kill these people and put other innocent bystanders in the area at risk of death. This has nothing to do with a ride-along with an on-duty cop in a patrol car.
To: To"Can't Defend"@7:22PM wrote on Mar 31, 2008 8:27 PM:Is poor grammar from a blogger the only thing you got out of this? Wow,I could not imagine having a more pethetic life than that. So how are Friday nights down at the public library?
To Resident wrote on Mar 31, 2008 8:30 PM:Good idea on State Attorney General and Justice Department. Maybe a recall should be started for the the DA also.
Brian wrote on Mar 31, 2008 9:01 PM:Keep the pressure on NCT! I want you to know that many of us appreciate your effort to bring us the information that is vital to a free society. Some Taxpayers are more than happy to let the government decide what we know and what we don't. There's no way the OPD can stonewall for too long. Luckily they are still accountable as long as we're willing to hold them as such.
Roberto1 wrote on Mar 31, 2008 9:40 PM:This is more proof that democracy is dead and been dead for a long time. No matter what side of the aisle you sit on...this is cold hard proof that a transparent society is a thing of the past if it ever was....material goods and civil libeties don't go hand-in-hand.
Terry Francke wrote on Mar 31, 2008 10:14 PM:Oceanside PD scored very poorly on our statewide audit of law enforcement agencies' compliance with the Public Records Act, earning an F the first time around and a D-minus on the repeat visit. The requests involved the merest basics. In this instance the department's response ignores the fact that the very exemption it cites (for records of investigations) states that "the time, substance, and location of all complaints or requests for assistance received by the agency" are matters of public record unless disclosure of a particular fact would endanger someone or frustrate the successful completion of the investigation. If the department can explain how release of the 911 tapes would have either of those effects, then maybe it can be excused of what could be suspected otherwise of being a professional courtesy to a brother officer. Maybe RateMyCop.com should add RateMyPD.com.
Policy Guy wrote on Mar 31, 2008 10:14 PM:You people seriously need to get a life. My goodness, so many people that are willing to judge based on little information. I would be willing to bet that I know the party affiliation of those claiming a police cover-up.
Besty wrote on Mar 31, 2008 10:17 PM:If the shooter were NOT a police officer, but there was an on-going investigation, would the tapes have been released already? THAT point interests me. The OPD have a lousy job, but, I would NOT want to take their place.
Interesting wrote on Mar 31, 2008 10:17 PM:Is Esteban a Federali? This is an interesting case...had the shooter been anyone else, he surely would have been charged by now regardless of who was talking or not!
Seems like he abused his sworn duty by drawing and firing his loaded gun, but what do I know - no one is talking. So much for public service...seems it has been exchanged for public endangerment!
Oh yeah and wrote on Mar 31, 2008 10:26 PM:The main witness who has yet to give her statments is SILVA. If they release the tapes now, she can make her statment go along with the 911 call and any other info OPD releases.
But of course, Silva did nothing wrong here. PLEASE!!
To all wrote on Mar 31, 2008 10:39 PM:who demand to know----anything that is part of an ongoing investigation is not open to the public. There is no law that says it is. BTW did you know that if you were arrested that you don't have the right to a copy of the police report until you go to court? Your attorney will have a copy at that time.
chickenlittle wrote on Mar 31, 2008 11:11 PM:I'm sure the NCT must have already known they wouldn't get that tape. But went through the motions for the public so you'd get an update, no matter how small.
One thing I'm not so sure about are all the leaks. Even though I know someone who was there it seems like I'm always running into someone that knows everything because they know someone that has access to this info. I guess I won't know the accuracy of their details until it comes out in print.
myra wrote on Mar 31, 2008 11:21 PM:I am so sick and tired of reading about all the excessive force from trigger happy cops.....eventually this will all be swept under the rug just like all the other incidents in this country
Tax Payer wrote on Mar 31, 2008 11:58 PM:Time to bring in the FBI. OPD giving the appearance of a cover up and seems city officals are going along with it. Is there open sason on locals in Oceanside ?
Still Laughing wrote on Apr 1, 2008 12:21 AM:...at the brilliant English major, chastising one writer about poor grammar. It was hilarious when he ended his tirade about proper articulation with, "Please try, you will only gain more support FOR me."
I'm not sure what Beauty College that poster went to, but at the university I attended we were taught the difference between FOR and FROM.
to taxpayer wrote on Apr 1, 2008 4:26 AM:If this newspaper is a "rag", why are you on it? OPD's story is smelling like old fish!
Harold wrote on Apr 1, 2008 4:36 AM:The article seems to end before it is done. It leaves the big question of whether the NCT will pursue having a judge review the tapes! Without a doubt there would be some parts of the tapes that a judge would release - if nothing more than who called and when.
Also, while this shooter is on his all-expense paid vacation, he he still driving around our city with his guns?? I hope not.
Hey Brian wrote on Apr 1, 2008 4:45 AM:What's upppp? You didn't call anyone a sheep in your posting! Still the same type of nonsense but no name calling. Like I said, wha's up!!!
loco760 wrote on Apr 1, 2008 5:04 AM:You know...citizens such as you, I and Silva make mistakes. Likewise, police officers (on and/or off-duty) make mistakes too.
When these two events happen at the same time and in relation to one another, the burden of proof that "lethal force" was needed and in this case used, lies with the POLICE.
That the 911 tapes are not made public means one of two things. a)OPD using the law to facilitate an on going investigation or b) The 911 tapes do not favor the release of them vis-a-vie OPD.
Seems pretty cut-n-dry from here. Here being my cozy, warm couch.
esteban wrote on Apr 1, 2008 5:50 AM:To "Oceanside resident" you don't know what you are talking about. Your head has been buried in the sand to much. Just pack your bags, shut your trap and do your job like you have been trained to do!
Blogger posted at 8:27 PM wrote on Apr 1, 2008 6:13 AM:Re: library comment. Pethtic is spelled "pathetic" Both of you need to spend some time in the library or use your "spell check".
Note wrote on Apr 1, 2008 7:08 AM:To all of you that want to rush this case along, get on Silva to give her statement. That is what is holding this process up. How can you have a case with only one side of the story? And that is what a lot of you are basing your guilty verdict on.
Anonymous wrote on Apr 1, 2008 7:18 AM:If anyone has recordings from scanner frequencies 39.8000 MHz or 462.4250 MHz that are relevant to this incident, that may reveal details from the radios of the police on the scene that are otherwise being withheld from the public to ensure a supposed "professional investigation".
The use of deadly force (Justification) wrote on Apr 1, 2008 7:28 AM:The use of deadly force in self-defense or in defense of others is considered justifiable if the
person claiming the right to use self-defense actually and reasonably believed that he or the
person being defended is in imminent danger of death or great bodily injury. People v. Williams
(1977) 75 Cal.App.3rd 731; People v. Glover (1903) 141 Cal. 233, 239 and People v. Ortiz
(1923) 63 Cal.App. 662, 668
Jeff wrote on Apr 1, 2008 7:29 AM:At this point I almost hope the cop screwed up, gets prosectued and gets convicted, just so all the idiot bloggers who have been running their mouth about cover-ups the last two weeks can eat some humble pie.
Give me a break wrote on Apr 1, 2008 7:31 AM:Most of you have seen way too much television, come back to reallity. This is a real investigation,not some soap opera. GRREAT JOB OPD and DA's office, don't give in to pressure from the public or the press. For those sreaming cover-up. GIVE ME A BREAK.
Penal Code §§ 692-694 wrote on Apr 1, 2008 7:32 AM:Penal Code §§ 692-694 specifically authorize any individual protecting himself or another to use
all force which he believes reasonably necessary and which would appear to a reasonable person,
in the same or similar circumstances, to be necessary to prevent the injury which appears to be
imminent. (See CALJIC 5.30, 5.32)
The use of deadly force in self-defense: wrote on Apr 1, 2008 7:35 AM:The use of deadly force in self-defense or in defense of others is considered justifiable if the person claiming the right to use self-defense actually and reasonably believed that he or the
person being defended is in imminent danger of death or great bodily injury. People v. Williams (1977) 75 Cal.App.3rd 731; People v. Glover (1903) 141 Cal. 233, 239 and People v. Ortiz (1923) 63 Cal.App. 662, 668
The California Court of Appeal has held that actual danger is not necessary to justify the use of deadly force in self-defense. If one is confronted by the appearance of danger which one believes, and a reasonable person in the same position would believe, would result in death or great bodily injury, one may act upon those circumstances. The right of self-defense is the same
whether the danger is real or merely apparent. People v. Toledo (1948) 85 Cal.App.2d 577 Where the peril is swift and imminent and the necessity for action immediate, the law does not
weigh into nice scales the conduct of the assailed and say he shall not be justified in killing because he might have resorted to other means to secure his safety. People v. Collins (1961) 189
Cal.App.2d 575
esteban wrote on Apr 1, 2008 7:38 AM:Oceanside resident...you keep right on talking!!!!! The comment from esteban at 5:50am was from the imposter. He posts rude commets to true red blooded Americans to try to discredit me. He's a gutless liberal.
esteban wrote on Apr 1, 2008 7:38 AM:Fake esteban at 5:50...people know your idiotic comments were not from me. It's so obvious. Have you ever kissed a girl?
Court Opinion as for Law Enforcement Officers are concerned: wrote on Apr 1, 2008 7:40 AM:In Graham v. Connor (1989) 490 U.S. 386, the United States Supreme Court held that the reasonableness of the force used “requires careful attention to the facts and circumstances” of the
particular incident “including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” (Id., at 396) Further the Court stated, “[t]he
“reasonableness” of a particular use of force must be judged from the perspective of a reasonable
officer on the scene rather than with the 20/20 vision of hindsight.” (Id., at 397) Moreover, “[t]he calculus of reasonableness must embody allowance for the fact that police officers are
often forced to make split-second judgments – in circumstances that are tense, uncertain and rapidly evolving – about the amount of force that is necessary in a particular situation.” (Id., at 397-398) “…Thus, under Graham, we must avoid substituting our personal notions of proper police procedure for the instantaneous decision of the officer at the scene. We must never allow the theoretical, sanitized world of our imagination to replace the dangerous and complex world that
policemen face every day. What constitutes “reasonable” action may seem quite different to someone facing a possible assailant than to someone analyzing the question at leisure.” Smith v. Freland (6th Cir. 1992) 954 F.2d 343, 347 Graham’s definition of reasonableness has been described as “comparatively generous to police
in cases where potential danger, emergency conditions or other exigent circumstances are present” (Roy v. Inhabitants of the City of Lewiston (1st Cir. 1994) 42 F.3d 691) and also as
giving police “… a fairly wide zone of protection in close cases …” Martinez v. County of Los Angeles (1996) 47 Cal.App.4th 334
esteban wrote on Apr 1, 2008 7:42 AM:Using court case quotes is good. But remember, many people in here refuse to hear anything that makes sense. They have their mind made up and are not going to change even if they saw a full length video of the incident. And also, they are not too smart to understand court briefs and citations.
Relax, It is all being done by the book! wrote on Apr 1, 2008 7:52 AM:There are many checks and balances and reviews: This is not a third world nation:
As for Officer-Involved Shooting Reviews:
The San Diego County District Attorneys (SDCDA) office has conducted reviews of all officer involved shootings (OIS) in the line of duty by San Diego County peace officers since the mid- 1970's. The role of the District Attorney’s Office is to provide an independent review of all shootings and other use of deadly force, fatal and non-fatal, to determine if there is criminal liability. This review does not examine such issues as compliance with the policies and procedures of any law enforcement agency, ways to improve training, or any issues related to civil liability. Upon completion of the DA’s review where there is a determination that the use of deadly force was justified, a letter summarizing the evidence, including statements of the deputy or officer and other witnesses, is written and delivered to the respective police chief or Sheriff. The review and issuance of the letter may take a couple of months or significantly longer, based on the complexity of the case, the forensic work necessary, and the length of time before the jurisdictional law enforcement agency completes its investigation and presents the case to the DA’s Office (although the data is not available, this may take several weeks up to several months). On average, over the last 11 years, this letter was sent 134 days after the incident occurred (Each case is different) The range has been from a low of one month to a high of one and one-half years.
Probe required? wrote on Apr 1, 2008 7:53 AM:Why doesn't Mayor Wood ask for an FBI probe, he has no problem asking the FBI to investigate his political foes.
Oceanside Police is doing thier job! wrote on Apr 1, 2008 8:05 AM:The question is what is San Diego Police Doing to review thier procedures governing officer involved shootings. Our OPD is doing the right thing. These type of investigations always take time. It is the SDPD who should be asked about this officer. What are they doing?
What a feeding frenzy! wrote on Apr 1, 2008 8:11 AM:There is no conspiracy! 1st SDPD is the police department under investigation. OPD does the investigating and the District Attorney's Office reviews it as well, with another thorough investigation and if necessary the California State Attorney can lok at it. This investigation will take some time. The forensic enhancement of any video that may have captured the events as they unfolded, etc. etc.
If the trained porfessionals of tyhe Oceanside Police Department rush to judgement to close this case either way, in Silva's favor or the San Diego Police Officer', it could jeapordize more than this investigation. Along with the trust of the public. For those who are looking for a quick half hour conclusion to the investigation, similar to a Law & Order episode. It's not gonna happen! Keep the pressure on? Please! Keep up the good work Oceanside Police Department and Chief McCoy!
To Sam and the rest of the angry mob! wrote on Apr 1, 2008 8:24 AM:First off, give me a break! The San Diego Sheriff's Department in Vista alone shot and killed 6 people in a 2 year period. Also one was tazed and died. Now you want to blame the Oceanside Police for the actions of a San Deigo Police Officer. An officer who we don't even know did or didn't follow the law or not. Now you want to bring the Sheriff's into Oceanside. No way! I will keep the Oceanside Police Dpeartment over any department in the county. The State for that matter! They are the most porfessional, most accountable, and the Chief is talking to the public all the time! In this case they are required to follow a protocol I'm sure! So let your police department do its job! I want to hear more from SDPD!
Randy wrote on Apr 1, 2008 8:29 AM:The 911 tapes are paid for by my hard-earned tax dollars. The police station, salaries, vehicles likewise. I honestly believed that the O'side PD had improved since the helicopter incidents of the '90s.
To Code Quoters wrote on Apr 1, 2008 8:37 AM:It looks like the DA’s office has joined OPD in the blog. The legal cites and code quotes though applicable to off-duty officer involved shootings are mostly based on in the line of duty shoots. Furthermore since White must have received training in when deadly force is justified it stands to reason that he be more judicious in its use. From the deadly force information though it sounds like a private citizen, who typically cannot be armed in public in this state and particularly this county, would be justified in using their vehicle if in it and they felt threatened with death or serious bodily harm. Government at all levels must be accountable to the people. Further silence by OPD is only feeding public mistrust and will make the job of our good officers even more difficult.
Floyd wrote on Apr 1, 2008 9:03 AM:If I was the one shooting unarmed women and children, how long do you think the police would remain silent? And would they call it an "alleged incident" or would they call it a "crime"? Do you think I would have been sent home from work at full pay or do you think I would have been arrested immediately? These are the questions underlying the controversy.
reasonable person wrote on Apr 1, 2008 9:07 AM:Some minor traffic action happens... incident escalates... after 9:00 at night man gets out with a gun... whether shooting or NOT.... reasonable person is gonna run his butt over with MY weapon.... cause us reasonable people can't carry guns.
WHAT!?!?!? Surprised?!?!? wrote on Apr 1, 2008 9:22 AM:Come on now did you really think they would release these tapes. Of course not!!! These tapes could possibly incriminate the off duty officer. I will not be surprised if these 911 tapes "accidently" get erased. One would think if the officer behaved correctly in this matter and is completely innocent of wrong doing the police department would be more than happy to clear this off duty officer. Why all the secrecy? Yes, just I suspected a coverup is a foot. I hope Mrs. Silva sues the crap out of him, the City of Oceanside, County of San Diego, and anyone else who obstructs justice in this case.
Statement! Statement! Statement! wrote on Apr 1, 2008 9:30 AM:Statement! Come on Silva give a statement!
esteban wrote on Apr 1, 2008 9:39 AM:To "What/Surprised????" Good line of thinking. The money Silva would collect comes out of YOUR pocket.
Sheep wrote on Apr 1, 2008 9:46 AM:What would you call us sheep if we were armed too? Wooly the Wolf Killer... keeper of Rogue Sheep Dogs at bay...
Bad Student wrote on Apr 1, 2008 10:39 AM:To all of you out of work school teachers out there who have nothing better to do than pick apart spilling errors, I remind you, Thoughts and concepts go way beyond bad spilling and grammar. Get over it TECHURS.
What does San Digo Police Department have to say? wrote on Apr 1, 2008 11:01 AM:This San Diego Police Officer is the one who should answer the questions! Oceanside olcie got this thrown into thier laps!
Just saw wrote on Apr 1, 2008 11:11 AM:The re-enactment on the channel 8 news (on-line) did not make it look good for the ODO. I know it's just a re-enactment but I can see why the OPD is not saying anything.
This ODO should be off paid leave, my tax dollars have better things to do.
Maybe it's taken longer because of manpower wrote on Apr 1, 2008 11:11 AM:A San Diego Office Involved Shooting in Oceanside! Well, we have enough shooting in Oceanside for our under staffed police department here in Oceanside. Maybe we should hire more officers so they can work on all these cases. Clearly there are not enough police officers in Oceanside. That is a known fact for years!
To esteban wrote on Apr 1, 2008 11:15 AM:To "What/Surprised????" Good line of thinking. The money Silva would collect comes out of YOUR pocket." I consider it money well spent. Our Law Enforcement officers should be above reproach and if they are not then sadly this will cost us all lots of money. It is the responsiblity of our City officials to be certain that officers that are being hired are qualified and rational to their job well. If they do not take that responbility seriously than we will continue to have these situations occur. I consider these types of lawsuit necessary wake up calls for the public, law enforcement officers, and ALL elected officials. After all would Mrs. Silva be in this position had this ODO not acted irrationally and violently? If it the money comes out my pocket so be it.
Karl wrote on Apr 1, 2008 11:19 AM:To "Probe required? @7:53 AM:" Your statement "Why doesn't Mayor Wood ask for an FBI probe, he has no problem asking the FBI to investigate his political foes." has me baffled. I must admit that I reside in Escondido and don't follow events in Oceanside as closely as the events in Escondido. Did I miss an article on Mayor Wood asking for an FBI probe of a political opponent? Please provide a source. This is big news to me and all others who have failed to follow the Oceanside news closely.
WHY? wrote on Apr 1, 2008 11:25 AM:Why is it that over half of my posts responding to esteban's remarks are never printed? Could it be you don't want to hear the 54 year old mouth of the south call you on the phone and CRY rivers tears for hours on end? All have been relevant to the topic and most kinder than this.
to what suprised wrote on Apr 1, 2008 11:27 AM:...and anyone else who obstructs justice, hmm would that be Ms Silva?
Okay with this taxpayer wrote on Apr 1, 2008 12:10 PM:Money well spent!!! I agree with the previous post regarding a lawsuit. Law Enforcement officers on duty and off duty should always obey the laws themselves. If it turns out as I expect it will the officer should be fired and charged with two counts of attempted murder and this citizen should be compensated for her pain and suffering as well as her little boy.
ocs resident, former ER staff wrote on Apr 1, 2008 12:37 PM:PLEASE please please do not start a discussion on bringing the sheriff to oceanside. Not saying anything bad about SDSO, they are a fantastic agency- but I like my OPD. With the sheriff, everything is a crime, including the natural death of a family member, where you will be sequestered, interogated, and harrassed, when all you want to do is hold your loved one's hand. Trust me on this, from experience- OPD is more professsional, understanding, and accomodating to individual circumstances. Do not make OPD look bad for this- blame SDPD for allowing this person to be a peace officer!
See you all at the next City Council Meeting! wrote on Apr 1, 2008 1:05 PM:Let's ask our elected government public servants, Oceanside City Council why this SDPD Officer can waltz up here to Oceanside and just shoot someone and nothing be done! Who is with me!! What not takers? That's right! just a bunch of loud mouths!
esteban wrote on Apr 1, 2008 1:11 PM:To "to esteban at 11:15"...oh good. Sounds like you have the facts. Ok, tell us....what are they....waiting...hello?
esteban wrote on Apr 1, 2008 1:15 PM:To "why at 11:25"...WWWWWWWWWWWWWWWWWWAAAAAAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHH....aaawwwwwwww poor baby!!!!! The funny thing is, sounds like you spend WAY too much time responding to my posts. I love how I rule your life. Maybe your responses are not witty enough for the paper. Keep trying, you'll get it one day.
To Why? wrote on Apr 1, 2008 1:20 PM:You are really funny!!! When I read your post I about fell out of my chair "este-bone-head-ban's remarks are never printed?" That is hilarious. I am glad they printed it because it made my day. ... I agree that he would cry rivers of tears to the editor if unsavory posts about him were posted. He is the kind of person who likes to dish it out but can't take it.
To all of you conspiracy theorists... wrote on Apr 1, 2008 1:20 PM:Do you honestly believe all of the people involved in this investigation are going to be able to keep a secret? Are you kidding? The independent witnesses along with the employees of the businesses who viewed the video evidence are not going to keep quiet. The fact that all of you think that's even remotely possible is what is so amusing to the rest of us.
Furthermore, spelling and grammar ARE a reflection of your intelligence.
Demand Response wrote on Apr 1, 2008 1:32 PM:I’m all for keeping OPD, I just want them to serve the people of Oceanside, not SDPD. They need to tell what they know. The next scheduled Council meeting is tomorrow, Wednesday, evening.
esteban wrote on Apr 1, 2008 1:34 PM:To "To why?"....bring it on. I can take anything you dish out. As for me crying to the NCT...look at his post. Who's the one crying to the NCT????? I relish "unsavory" posts about me. They just motivate me to post more. ... .
Vista Sheriff in Oceanside wrote on Apr 1, 2008 1:50 PM:I guess they are doing OPD's job already. Read this story!
http://www.nctimes.com/articles/2008/03/29/news/coastal/oceanside/f09261b5a52411228825741b00768860.txt
I prefer rude Vista Deputies, then one that crooks are afraid of.
esteban wrote on Apr 1, 2008 1:55 PM:I post on eveything... check it out, any topic and I post on it.... because I am all knowing, I know who is at fault.... what happened... my speculation is the only one that counts... it is always on the side of rightousness and all bad people are mean and should be sent away.
So it's settle! wrote on Apr 1, 2008 2:15 PM:We're alll going down to City Hall and let our voices be heard! I'll bring the soda's, who gonna bring the chips and dip. Oh we'll need sandwiches too! OMG! There so much to plan for a peace march! Or school walk out! Duh! What were we gonna do again? Oh it doesn't matter, let's just go down there and demand answers! I still think we should bring sandwiches! Fabulous!!!!!! OMG!
Why? wrote on Apr 1, 2008 2:29 PM:esteban @ 1:34PM and 1:15PM, Was that for me - WHY?@11:25 or for - TO:WHY @1:20? You've lost it, and what is this school boy quote from you all about,"...bring it on." WOW, great response, What are you going to call me next,"Pee-Pee head" WOW.
To: esteban wrote on Apr 1, 2008 2:42 PM:A quote from a comment posted by esteban; "all bad people are mean and should be sent away." I agree how does Siberia sound, now soon can you leave!!!
To esteban wrote on Apr 1, 2008 2:53 PM:Really you don't mean to say that you are righteous? You are far from righteous I have read your posts and you are the most arrogant, self absorbed individual. You are many things but righteous is not an attribute you posess. I think you form of righteousness is clearly described in the book of Isaiah 64:6 - We are all like an unclean thing, And all our righteousnesses are like filthy rags; We all fade as a leaf, And our iniquities, like the wind, Have taken us away.
esteban wrote on Apr 1, 2008 2:59 PM:To "to esteban at 2:42"...the post you speak of was written by the imposter whop tries to turn bloggers against me. Don't mind him, he's an idiot. To "why at 2:29", my 1:34 post was to "to why at 1:20", my 1:15 post was to "why at 11:25"...like it says. enjoy!!!
esteban wrote on Apr 1, 2008 3:01 PM:Oh and fake esteban at 1:55, go back and read all my posts. you'll see I made no mention of who was at fault, since I don't have the whole story. Your posts just make you look less than intelligent. And that's nothing new to you.
nabetse wrote on Apr 1, 2008 3:32 PM:To: 2:59 PM, Great story, Post stuff that sounds like it was written by a doughnut hole and then say it was written by someone else. Go into politics, you would fit right in with the rest.
I Don't understand wrote on Apr 1, 2008 3:50 PM:I have made 3 comments now as to Ms Silvas not protecting her child, everyone is so hot over the ODO shooting a lady and kid but not one thing here about Ms Silva and why CPS should be talking to her, putting her son in harms way driving with Road Rage, upsets me they think the ODO is all to blame and between NCT and OPD there is a cover up...there is Ms Silva she needs to talk to law enforcement officers tell them her side of the story so OPD can get on with other business like donut eating.
Curious wrote on Apr 1, 2008 3:51 PM:To Oceanside Resident: Good to hear from you.
I'm just making a guess here, but I'm betting that the majority of those claiming "cover-up" have been on the wrong side of the law at some time or other...not everyone, but the majority.
Hmmm... wrote on Apr 1, 2008 3:57 PM:Well just saw the interview from KNBC.
This cop is toast. See it don't matter if she had a bad past of dope or DUI it only matters what happened that night. The cop FOLLOWED her into the lot. He placed himself in the bullseye. There is no law that says a police officer HAS to take action UNLESS there is is an imminent threat to human life. So exactly where was this threat. Was it the 135lbs woman or the overpowering threat of the 65lbs 8yr old.
There isn't anything on gods green earth that is going to help this angry cop from seeing at the LEAST attempted voluntary manslaughter. ADW 100% assault under the color of authority perhaps also.
Reader wrote on Apr 1, 2008 4:05 PM:OK, Now maybe we can all get back to the original story. Off Duty Cop Shoots Mother and Child.
HONESTY wrote on Apr 1, 2008 4:16 PM:Well, this reads like a bad story. That cop better have a good reason for shooting and that mom better have a good reason for driving on a suspended license. I think they both are in for it. As for OSPD: they better keep this above-board and over-communicate. If their boy did something wrong, they need to discipline him. From the looks of this blog, it looks like a large chunk of Oceanside will be watching,
To Curious wrote on Apr 1, 2008 4:31 PM:Just because someone has been on the wrong side of THE LAW doesn’t mean they couldn’t be correct about a cover-up. The willingness to place someone or a group in charge and then blindly accepting all their actions is not healthy for a republic. However, your concern about the past experience of those making comments about a cover-up is really off point; most of those interactions with the law were most likely with on-duty officers. This was an off-duty officer, in street clothes, in his personal vehicle that got involved in a road rage incident, and now a mother and child are recovering from gunshot wounds.
get real wrote on Apr 1, 2008 4:40 PM:didn't the temecula shooting turn out to be a cop defending himself from a gang member beating him with a chair? i guess he should have just allowed himself to be killed?
E.F. Dubiya wrote on Apr 1, 2008 4:40 PM:COVER UP! COVER UP!! Brought to you by our very own OPD (Oceanside Puppet Dept.) You guys rock. Collect those pensions, you losers!!
Contrast this story with a shooting early this morning by an off-duty Los Angeles Sheriff Deputy:...
Less than 24 hours we know the name of the officer, where he works, why he pulled over and why he shot two, count them two, rounds, not five, at an individual who DIRECTLY threatened him with a knife. Clearly justifiable and reasonable actions by a "9 year veteran" not some 3 year flunky from SDPD. ...
To E.F. Dubiya wrote on Apr 1, 2008 5:03 PM:Very nice. You nailed it. How many black kids were just in a car doing nothing when one of them pulls a gun and shoots someone. They all get arrested. How come Frank Whites wife was not arrested, and treated exactly the same way. I am calling for the arrest and prosecution of Frank White and his accomplice wife.
Calling Scully and Mulder wrote on Apr 1, 2008 5:30 PM:All this government cover up and conspiracy reminds me of an X Files episode. Creepy and yet some what familiar.
Randy wrote on Apr 1, 2008 5:34 PM:The city appears to be begging for a lawsuit and I guess there going to get what they seem to want...... Good job guys.
Jeff wrote on Apr 1, 2008 5:42 PM:I just got done watching some of the news interviews that Silva recently gave. Her statement, in a nutshell, is "I don't remember what happened but I'm sure I did not deserve what I got". That really helps.
To "To E.F. Dubiya" wrote on Apr 1, 2008 5:55 PM:I think that's actually called a drive-by. Just a little bit different.
ben wrote on Apr 1, 2008 6:40 PM:Good for OPD for not releasing the 911 tapes. This would obviously influence the investigation, which is already in the spotlight. the public and media always dont need to know everything....get a clue!!!! There are already enough 3 dollar lawyerss out there....
esteban wrote on Apr 1, 2008 6:42 PM:To HMMMMM..you saw an interview? Lemme guess which side was interviewed.....uhhhh Silva's? Did they show video? Is your scenario from the video? Or Silva's atty? I bet I know.
dirty cop wrote on Apr 1, 2008 8:19 PM:The use of deadly force in self-defense:- Yeah, I guess OPD can say White was using self defense and was protecting himself against a disabled 8-year old. Sure this is possible...
To estrogenban wrote on Apr 1, 2008 8:29 PM:Maby you can go over and mow Frank Whites lawn this weekend.
Laura wrote on Apr 1, 2008 8:30 PM:Court Opinion as for Law Enforcement Officers are concerned-- you have made a good point. For the very reason's you listed in your blog this lady should file a lawsuit in FEDERAL COURT. Did you also notice that you quoted 6th and
1st circuit court and not 9th Circuit rulings? Hum…, as you may already know any wise lawyer would be making a prudent decision by filing in FEDERAL Court. This is because the California courts will protect state agents regardless of the cause and whether they are guilty or innocent. It is not about justice in these courts but rather by protecting the establishment. The reason why you did not quote the 9th circuit is because the 9th circuit is balanced and has rendered some pertly narly decisions against cops.
Sam wrote on Apr 1, 2008 8:48 PM:To Sam and the rest of the angry mob—Yes the Sheriff’s in Vista did kill 6 people in a 2-year period. As you may also know that the San Diego DA and the California Attorney General investigated the cases and they were found JUSTIDIED! Do you have a problem with their decision? Do you think the DA and the AG are dirty?
The Vista shooting victims had an extensive CRIMINAL record and were shot while coming a crime? So how does this compare to the woman who was shot while driving and her 8-year old disabled kid?
Yes I would rather bring the sheriffs in and same $ 30,000.000 or more per year per OPD cop. Business is business and purely economics plus compare:
There are dozens of complaints and many not even filed but we all know someone who was roughed up by OPD. I have read cases in the Vista courthouse where OPD officers drag citizens out of their homes and in specific case where the same officer and his partner were involved in six lawsuits for police brutality. The cops were roughing up a young girl and the girl’s neighbor told the officers that he has going to call 911. When the man went inside his home to call 911 the officers followed the man and beat the crap out of him. The man was badly beaten taken to jail and the police captain went to the jail and took the man to the hospital. The captain was overwhelmed and did not cover up for these cops. This particular case was tried in Vista and the court granted Eleventh Amendment Immunity to the dirty cops.
As it stands the state courts will grant immunity to any state employee because they are not there to protect the civil rights of citizens but rather to protect the state from liability. As a results many of these conduct is perceived to be normal in the North County.
So professionalism? Like Bill Clinton once said, “it depends on what the meaning of the word is, is.”
To E. F. Dubiya wrote on Apr 1, 2008 8:50 PM:I have been following the story about an off duty LASO deputy. His name is not mentioned. So where did you get your info?
I am surprised that the SD ODO name was revealed to begin with. Most officer involved shootings the officer is not named until the investigation is completed.
Sam wrote on Apr 1, 2008 8:54 PM:Nice to see the DA and OPD have joined forces to fight citizen on the North County Times blog.
If they can only join foces and clean house, clean the white-collar crime and tell the truth would be helpful.
By the way the cases quoted did not mention the latest 9th circuit cop court rulings. After all we do live in the Ninth Judicial Circuit.
Cases from other circuits are not impresive.
The Other Randy wrote on Apr 1, 2008 9:27 PM:Maybe just maybe Silva's attorney and certain people with the city are working together so that when she wins (and she will win) they split what the city has to pay. That would explain it......... No reasonable person or organization would handle something like this the way they are handling it. Openness people openness.
Clem wrote on Apr 1, 2008 9:30 PM:Back in my day when I was a lawman it was considered an act of cowardice to pull or use your 6 shooter against an unarmed person. in fact one time me and my partner Chester were tailing this mobster and he drew down on us with his Tommy gun but it jammed up on him so we went at him bare knuckles Chester got a tooth knocked loose when big Al tagged him with his brass knuckles. But I caught him with a hay maker and we got the cuffs on him boy those were the days.
maybe SDPD should patrol Oceanside wrote on Apr 1, 2008 9:54 PM:The SDPD Chief has not had to say anything!
What kind of investigation did you expect? wrote on Apr 1, 2008 9:56 PM:The Chief was under investigation for a visit to a strip jopint in Vegas, The union is out of control! When will we learn!
Why is this so tough? wrote on Apr 1, 2008 9:59 PM:Every other investigation is open a free. Yet under this current leadership in the Investigation Division we see young investigators. A lot of older talented police officers and Detectives have left OPD. Now we have to wait and train the new Defectives and new Captains in charge! OPD has lost a lot of talent and it shows!
Too much in experience! wrote on Apr 1, 2008 10:08 PM:New Chief, Two New Captains, several new LT's and Sgt's that look good on paper and here we are. The signs were there when we first heard of the Police Chief at Las Vegas and the civil suits by the Lt's. A lot of inexperience and older better trained officers leaving the polcie department. Same problems and new management!
Crappy new conference! wrote on Apr 1, 2008 10:10 PM:Did anyone else see that embarrasing news conference? They didn't provide new information and they seemed un prepared! Who was that guy?
Does OPD have fulltime Detectives? wrote on Apr 1, 2008 10:16 PM:Do they change every several years or so, or is it a career path! It seems like they have no stability in the critical divisions! Politics probably!
The rcent press conference! wrote on Apr 1, 2008 10:18 PM:Did more to9 cause suspicion and did not answer anything! Whay was up woth that! Geez! They could learn something from LAPD!
OPD is failing terribly! wrote on Apr 1, 2008 10:21 PM:This does not reflect a postive light on the OPD or the leadership! I thought things wuld change! Same old story! They need to have new leaders who will be accountable to the community! I haven't heard a thing from the new leader!
Slick wrote on Apr 1, 2008 10:22 PM:Big city cops shooting into occupied vehicles at night. Why? They know they can. Silva was backing up when White shot. If she talks now, the cops will change their story.
City Council should be talking to City Manager! wrote on Apr 1, 2008 10:25 PM:City Manager should be talking to the department head! What is going on. Please talk with the public! Explain what is going on! Where is the Chief!
da brook wrote on Apr 2, 2008 2:44 AM:esteban no one cares about what you think so close your mouth and you dont know anything.
Hey just like OPD and the DA I am quoting cases too!!! wrote on Apr 2, 2008 6:59 AM:Bellow are cases filed AGAINST THE CITY OF OCEANSIDE AND CASES AGAINST THE OCEANSIDE POLICE DEPARTMENT not a very prudent city.
It is no wonder when some politicians are running for office they bring up the lawsuits against the city in their campaigns.
Unfortunately once they get elected they become part of the entrenchment.
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Blame Silva wrote on Apr 2, 2008 7:35 AM:There is no police cover up...it's a Silva cover up! She hasn't given a statement to police. What is she hiding? No statement, No money!
esteban wrote on Apr 2, 2008 7:41 AM:Da brook...the only people who don't care about what I think are the ones with worthless, baseless, and factless opinions. Also, most likely ones that have done jail time or take welfare and feel a strong sense of entitlement. I'm guessing people like yourself. Good day! Oh and Sam...there are some big guys in white coats here for you.
Infidel wrote on Apr 2, 2008 8:32 AM:Most of you people are nuts. Get into the 21st century. The cops are not hiding anything they probably have additional evidence on the tape and they do not want to show their hand.
The liberal paper loves this though. That way they sell papers. If it bleeds it leads! Journalism 101.
336E wrote on Apr 2, 2008 9:06 AM:Blame Silva
wrote on Apr 2, 2008 7:35 AM:
[There is no police cover up...it's a Silva cover up! She hasn't given a statement to police. What is she hiding? No statement, No money!]
And why hasn't Mrs. White said anything yet? She's an adult witness to the scene delict.
If hubby's actions were within the law - she could be out there defending his shooting of a woman and child.
But no...silence from the 'would be'aggresor and the 'maybe' accomplice.
No doubt...whether he's guilty or innocent she'll play the part.
concerned citizen again wrote on Apr 2, 2008 9:44 AM:to the silvia family it is shame that this had to happen to your family and i hope that your son can grow up normally and put this terrible situation to rest. You and your family are in my prayers.
Ex Oside resident wrote on Apr 2, 2008 10:37 AM:Does anyone know how many police officers in San Diego County have been prosecuted for inappropriate use of deadly force in the last 10 years?
To Infidel wrote on Apr 2, 2008 11:30 AM:The surveillance video shows what it shows, why would the OPD worry about showing their hand? White is not one of theirs. The only way they are going to get added to a claim or lawsuit is if they fail to investigate the incident impartially. OPD has run out of excuses for hiding their results from the public and the NCT should at least be able to report as much as some other local news outlets.
rocco wrote on Apr 2, 2008 11:44 AM:How long does it take to conduct an investigation? Maybe they are waiting for the satellite imagery to land from outer space.
Tony wrote on Apr 2, 2008 11:47 AM:OPD or any PD needs policeman that have no mental issues
yes i know thier is good or fair policeman but you just cant trust then anymore
Todd wrote on Apr 2, 2008 12:23 PM:To Esteban,
I just read your reply from the 19th. So what you are saying is that my name implies I am not tough. I think you are a joke for making that statement. So come up to Temecula and lets go to Powerhouse Gym and go a few rounds in the ring. If you last that long....
To: Blame Silva @ 7:35AM wrote on Apr 2, 2008 1:05 PM:"You have the RIGHT to remain silent" Is that not one of your rights? So in a missing persons case investigators can not do a proper and timely investigation simply because the missing person is not there to tell what happened? That's what you are saying, right? Sounds like more of esta bam-bams logic to me.
A Former Resident wrote on Apr 2, 2008 2:11 PM:Thanks Barney Fife! That really made me laugh. Sad fact is, the majority of those posting here probably are at home. And thank God they are, instead of behind the wheel, in a city teeming with mostly rude, self-absorbed people behaving badly. Add in overcrowding and road rage becomes inevitable. There should be no surprise this tragedy has happened. Furthermore, the way it's being handled is nothing new. If people had not been hurt, this whole blog would be funny: people correcting other people's spelling and grammar, Esteban imposters, and those so ignorant they question why an off-duty SDPD officer was in O'side. Heaven forbid! Some of y'all ought to check with Aunt Bea, maybe she's got some supper ready for you.
Watson ? wrote on Apr 2, 2008 2:11 PM:What is taking so long are they waiting for Scotland Yard to send someone over? & how could they not test the cop for drugs or alcohol? Granted the young lady probably flipped off the cop but that didn`t give him the right to go gangsta on her & the child
WiseGuy wrote on Apr 2, 2008 2:12 PM:I havent followed this story at all. But why does everyone always assume that the police are guilty? What if she had been a police officer? Then what, she (the cop) must have done something to deserve to get shot? Do we know for a fact that she was not trying to kill him with her car?
To: Todd@12:23PM wrote on Apr 2, 2008 2:20 PM:Hey Todd, Look out, He might beat you with his mouse, never the less, You got to get in line behind the rest of us, This princess is why some people still believe in evaluation. $20 says he ignores you and answers this. Thats the kind of pudding pop he has shown himself to be.
To: WiseGuy@2:12pm wrote on Apr 2, 2008 2:30 PM:How? By flashing her brights at him. I can't even see a scratch on ether car from any news file.
esteban wrote on Apr 2, 2008 2:53 PM:Hey Todd! What took you so long? Did you have trouble understanding my post, TAAAAAAAAAAAAAAAAAADDDDDDDD? (insert nasally, whiny voice here). Hey "To Todd", can I get in on this bet? Anyway, Todd, I'll be up there on Saturday at one o clock.
Let's get ready to rumble wrote on Apr 2, 2008 3:17 PM:The Todd/estaban Temeku-Tumble mud fight has been set for Saturday at 1 o'clock. Order it on pay-per-view now for 50cents.
Way To Go OPD wrote on Apr 2, 2008 3:27 PM:Regarding 2:53PM post,Congratulations OPD, This is on your hands. GREAT JOB Protecting and serving.
To: Todd wrote on Apr 2, 2008 4:00 PM:Todd, This nut job has been looking for this from day one, Just say the word and I'm there with you, After all, You never know, If a cop is willing to get in to a road rage and shoot a mother and child because he has no control then who knows what kind of gun/knife this raven nut case and his buddies will be packing. He's apparently a menace to himself and the public.
? wrote on Apr 2, 2008 6:17 PM:Just who is this Esteban guy ? An entrepreneur independently wealthy or is he a slacker posting on company time ? I`m guessing the latter. Thats my stapler umh excuse me thats my stapler. mmmm riiight
Hmmm... wrote on Apr 2, 2008 8:03 PM:I got $50 on Todd. Who's in it with me?
1:00 pm Powerhouse Gym this Saturday I'll be there to cover.
esteban wrote on Apr 2, 2008 8:04 PM:I will use my superior intellect to convince you to pummel yourself... then I will use my mind ray to convince everyone that I beat you up..... because I am esteban...
El Todd wrote on Apr 2, 2008 8:36 PM:I am a man of science & you Esteban are a man of inferior intellect & you wear stretchy pants
Silva is not a missing person wrote on Apr 2, 2008 9:09 PM:Yes,Silva does have the right to remain silent. That is certainly her right. I would not want to see my tax dollars going to someone who won't tell her side of the story. What is she hiding?
Jason wrote on Apr 2, 2008 9:28 PM:Ex Oside resident-not a single officer has been FOUND GUILTY though claims have been filed.
To: Silva is not @ 9:09PM wrote on Apr 2, 2008 9:45 PM:And I would not want to be shot with bullets that my tax dollars paid for.It will all come out in the trial and your tax dollars will be well spent, unless she gets paid off(they settle.)
Cbad Mike wrote on Apr 2, 2008 10:27 PM:Why isn't anyone organizing a massive demonstration at the Oceanside PD? I don't even live in your city...but this story disturbs me and I want to be there!
KFMB 8 to the RESCUE!!! wrote on Apr 2, 2008 10:31 PM:Ya know...WAS a simple ADW shooting but OPD for some reason had to go and SEAL all the Warrant and 91 Tapes. Well GAME ON! Because EVERY news outlet is going to want to hear those tapes and see those warrants now. This guy White MUST be related to someone in OPD or his wife is. Talk about dropping the ball. OPD actually had some sympathy from the public after the Bessant shooting and had some space. Well it's all gone now... The News sharks smell the blood in the water and they're coming for the tapes and the warrants. For a bunch of cops who are supposed to be educated this move was the most inane thinking that you could have come up with.
To:esteban at 2:53pm wrote on Apr 3, 2008 12:14 AM:From: 12:23PM, Hello there rude dude esteban, I Just got back in! First off rude dude, I was not talking to you, Jack someone elses conversation and seconed rude dude the no brainer (no pun on rude dude esteban intended) answer is No, I will not be responsible in any way for contributing to your Beer, soap opera, twinkie and gambling problem. Just looking out for you.
esteban wrote on Apr 3, 2008 7:39 AM:To "To:esteban at 2:53"....!?!?!??!??! you made no sense. you can't type and play video games at the same time.
esteban wrote on Apr 3, 2008 7:48 AM:Todd...you have a thin skin and are easily offended. You're not gonna last long in this world with a disposition like that.
loco760 wrote on Apr 3, 2008 9:28 AM:Prior to 1985, a majority of the 50 states had laws that authorized the so-called "any-felony" policy - essentially, that police could use firearms or any other means of deadly force to arrest a person suspected of committing any felony. Some states permitted police officers by law to shoot fleeing persons, including those suspected of such property offenses as check forgery and auto theft. Other states had slightly more restrictive variants on the use of deadly force, limiting its use to persons suspected of having committed "forcible" felonies, such as a robbery. About 12 states had no statute at all on police use of deadly force.
In 1985, the U.S. Supreme Court's decision in Tennessee v. Garner (471 U.S. 1) placed restrictions police use of deadly force. They ruled that: "deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others."
Garner established a key legal parameter on the use of deadly force, but this decision does not resolve all of the issues surrounding the use of deadly force. Police departments still have a substantial responsibility in developing their own policies on the use of deadly force, training their officers in following these policies to carry out their duties, monitoring officer compliance with these policies, and establishing standard operating procedures for investigating all instances involving the use of deadly force.
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