REGION: District attorney releases statement on Oceanside shooting
Dumanis urges public to be patient, not rush to judgement
By PAUL SISSON - Staff Writer | ∞
OCEANSIDE ---- After nearly three weeks of silence on the shooting of a North County woman and child by an off-duty police officer, San Diego County District Attorney Bonnie Dumanis released a short written statement Thursday that asks the public for patience.
"I understand the public's desire to know more facts surrounding the March 15th officer-involved shooting in Oceanside," the statement read. "But until all those facts are in, we will not rush to judgment about the guilt or innocence of either party involved ---- and neither should the public."
The statement sheds no light on the remaining questions surrounding the shooting, in which off-duty San Diego police Officer Frank White fired five shots at a silver Honda Accord driven by Oceanside resident Rachel Silva, 27, wounding her and her 8-year-old son.
The Oceanside Police Department, which is investigating the shooting, has said the incident stemmed from a traffic dispute, but have released few other details about the events that led up to the shooting. Police said Silva has declined to talk to investigators.
Gene Iredale, the attorney representing Silva, said Thursday that he continues to advise her not to speak with police.
Iredale said detectives had recently tried "rather rudely" to interview several of Silva's friends and he does not believe investigators will treat Silva fairly. Toxicology tests were ordered on Silva, but not on White, on the night of the incident. The results of the tests have not been released.
"It seems like they are more interested in convicting Ms. Silva of drunk driving than they are of investigating her and her son's shooting," Iredale said.
Oceanside police Chief Frank McCoy has repeatedly denied that his department's investigation is unfair and city officials have backed him up.
At the end of Wednesday's Oceanside City Council meeting, Mayor Jim Wood again defended the department, stating that he believed the investigation has been "very professional."
Meanwhile, residents appear increasingly frustrated that so few details have been made public.
William Carpenter, a retired electrical engineer who has lived in Oceanside since 1988, said Thursday he is "very unhappy" with the way the investigation has been handled.
"There are not circumstances where I could go into a local shopping center, fire five shots, and not go to jail," Carpenter said. "The police would not accept any explanation on my part that would keep me out of jail, but we have this police officer still out walking around."
Authorities have been mum on the reasons White gave for discharging his weapon and have also declined to say whether Silva threatened the off-duty officer in any way that might have justified the use of deadly force.
McCoy told the North County Times on March 29, that the district attorney's office has asked his office to withhold recordings of 911 calls made to the department before, during and after the shooting, which occurred in a shopping center parking lot at 155 Old Grove Road.
In her statement, Dumanis declines to discuss how her office has or has not worked with Oceanside police investigators.
"I'm not going to address questions regarding the handling of the incident or subsequent investigation by the Oceanside Police Department," the statement reads, adding "They are responsible for their own decisions and policies."
Though the statement seems to put some distance between the Oceanside police's investigation and the district attorney's office, that has not generally been the case. On Mar. 27 the Police Department released a statement that said: "The District Attorney's Office was notified and responded to the scene. Their investigators have been working very closely with our detectives."
Iredale said he is perplexed by the twin statements regarding the district attorney's office's involvement in the investigation.
"Who's doing the work? Is it the Oceanside Police Department or is it in conjunction with the DA's office?" Iredale said.
Contact staff writer Paul Sisson at (760) 901-4087 or psisson@nctimes.com.
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How long do they need? wrote on Apr 3, 2008 11:55 AM:Truly this is beginning to look more like Barney Fife Investigations. If the DA is having too much trouble with the reports maybe we need to bring in someone else who can wrap it up in less than 3 weeks. Do they think it will be resolved befoe the end of summer?
Bonnie wrote on Apr 3, 2008 12:10 PM:oh please. Bonnie Dumanis is also the DA who doesn't want former sheriff's deputy Lowell Bruce to serve more than six years for shooting his wife in the face, at point-blank range....to the point of filing briefs to get the judge off the case.
And DA's like that are many.
However, San Diego has got to hold the dubious distinction record for the most "justifiable shoots" from cops "in fear of the lives" who kill or main those without a weapon.
...
Answers wrote on Apr 3, 2008 12:15 PM:Let's see, they have the statement from the shooter, they have a statement form the innocent 8 year old that was shot, they have the 911 tapes, they have independent witness accounts, they have video surveillance tapes, and they have both cars in impound, if these are not enough facts and evidence to come to a conclusion perhaps these people are in the wrong business.
I believe what they are really doing at this point is trying to find someway to lessen the wrong doing of the ODO. The public is not buying it. We need to take this hot headed, shoot 'em first ask questions later rookie off the street.
Matt wrote on Apr 3, 2008 12:33 PM:"though she has told her story to numerous local media outlets" OK. Since she made statements through the media, it must be the truth. Gimme a break.
If they can conclude wrote on Apr 3, 2008 12:38 PM:their investigation within the time frame of the 9/11 Commission, I will be happy.
Cheryl wrote on Apr 3, 2008 12:39 PM:How can anyone expect to hear the "FULL" story when only one side of the story is told to investigators ?? The only person telling their story is Silva, and that's in the media. She won't even talk to investigators, only an attorney and the news hounds.
Sounds like there is something funny going on with Silva, or else why is she so set against talking to the police about her side of the story!!
Andy wrote on Apr 3, 2008 12:48 PM:I think Barney Fife has one up on them.
How Long? Until... wrote on Apr 3, 2008 1:02 PM:Further statements will continue to be delayed until Silva talks to the police. It's up to her how long this takes. While this is tragic, it does pose a rather interesting dilemma for the police department. They won't release more info until they talk to her, and she isn't going to talk to them until they release more info. For the conspiracy folks, this means the police, while sticking up for one of their own, are waiting to modify their story. For the non-conspiracy folks, this means Silva is waiting to modify her story. Glad I'm not in charge if this investigation. BTW, a car IS a weapon, and one can be convicted of murder for using one, so I don't buy this unarmed thing. Not to say she was wrong, just that she WAS NOT unarmed.
Oh for Petes Sake wrote on Apr 3, 2008 1:11 PM:a rolled up edition of the NCT can be used as a deadly weapon, you going to charge everyone walking around with a copy of the newspaper as carrying a deadly weapon?
O'side Res wrote on Apr 3, 2008 1:11 PM:What does estaban think?
WOW wrote on Apr 3, 2008 1:21 PM:Really? 3 weeks and this is all they have to say! Where are the FEDS? SD and Oceanside are playing games. The public demands to know what happened.
How Long? Until... wrote on Apr 3, 2008 1:23 PM:Of course not. But if someone tried to kill you with a rolled up copy of the NCT, would you consider them unarmed? Of course you wouldn't. I'm not saying Silva should be charged or that she used her car as a weapon. Just that many are saying she was unarmed, and that isn't necessarily the case. Unlike those that want to jump to conclusion about this, possibly destroying the reputation of either or both parties, I'm willing to let it play out so we can see what really happened, and if it takes a few weeks to complete the investigation, let it take a few weeks.
Patricia wrote on Apr 3, 2008 1:32 PM:I don't blame Silva one bit for not talking. Silva is clearly up against a cabal that will go to any length to justify the behavior of it's members, no matter how criminal their actions are. And yes, I have rushed to judgement. And yes, I am tired of trigger happy cops with no accountability.
Randy wrote on Apr 3, 2008 1:41 PM:The DA should be reminded that she is an elected official. If she continues to stubbornly refuse to answer to the public who elected her, she will suffer the consequences in the next election, just as her predecessor did!
Cover up wrote on Apr 3, 2008 1:46 PM:Plain and simple. The police have to protect their own right or wrong. They will keep pushing it off until it goes away. You don't think this cop is capable of road rage.
esteban wrote on Apr 3, 2008 1:46 PM:Thanks for asking Oside Res...but my position is the same. We know nothing new, so I have no facts to base any opinion on. Maybe Wright was wrong, maybe Silva was wrong. I am patient. My life doesn't revolve around this story. I am confident the cops will do a thorough and professional job and find the truth. I am 100% certain there is no conspiracy or cover up. Not because I am a police supporter, but because I have basic common sense. So back to square one...and let the cop bashing continue.
esteban wrote on Apr 3, 2008 1:49 PM:Randy, threats to have her voted out of office should not and would not cause the DA office to conduct a hasty, rushed, investigation. What good would a rushed, incomplete investigation do for you? It would only leave you with more questions than answers. Think about it.
Does anybody know wrote on Apr 3, 2008 2:03 PM:if you get a ticket in Oceanside, do the cops take money as payment in full instead of issuing a ticket? I have some friends coming up from Mexico and they would like to know.
James wrote on Apr 3, 2008 2:08 PM:The fact that it's taking this long to release a statement tells me the police is trying to get as must information as possible from Silva to create a story that will not be somewhat consistent with hers but also twisted in a way to favor the police.
Very disturbing....
Additionally, both vehicles were parked parallel to each other prior to the shooting. How can that cop not see...(OR EVEN CHECK) to see if there was a passenger in the back seat before emptying half his clip?????
To all wrote on Apr 3, 2008 2:11 PM:who think cops protect their own at all costs please read today's paper re the Riverside Co Sheriff's deputy who was off duty and fired his weapon. No one was hurt and this man had earned medals of honor for saving peoples lives. He no longer is a deputy (fired) and is charged with the crime. So you see when a cop does something wrong they are not protected by the code of blue like everyone thinks. One could say that maybe he was suffering from PTSD. Hmmmm
Again, it takes time for a thorough investigation and all your demands mean zip.
Sanchez Knows wrote on Apr 3, 2008 2:13 PM:Council Member Sanchez has no problem accusing people of wrong doing, even without the fact. Come On Sanchez you're a Public Defender, what's the deal here?
Peter wrote on Apr 3, 2008 2:18 PM:A recall against Dumanis needs to be started, and the state Attorney General and U.S. Justice Department need to step in NOW! Taint witnesses? If White was justified and has told the truth then no matter what Silva claims he has every reason to believe the DA will find the shooting justified and so does OPD, so why not just send her the investigation.
esteban wrote on Apr 3, 2008 2:23 PM:To "Does anybody know"...yes they do. All you have to do is ask....
Taxpayer wrote on Apr 3, 2008 2:35 PM:Let's see. The off duty officer is going to claim he felt threatened and fired in "self defense" and Bonnie Dumanis is going to agree. Time for the California Attorney General.
Jean wrote on Apr 3, 2008 2:43 PM:It is my understanding that you are presumed innocent until proven guilty. This goes for both sides. If and when this goes to trial, all the evidence will then come to light. After reading previous comments demanding the truth, if I were on trial I certainly hope not to have any of you. I would hope to have people who would bide their time to knowing what happened, listen to all the evidence presented and then decide my fate.
Think People wrote on Apr 3, 2008 2:50 PM:If the videos showed her trying to run White over don’t you think OPD would already be talking about charging Silva. Her and her son were shot, OPD seems to be delaying and now the DA encourages waiting, if I was her I’d only talk to the Feds. For all those that want to jump on the vehicle as a deadly weapon police bandwagon, note that those cases have typically involved on-duty uniformed officers. As for the comment about destroying the reputations of those involved, what about OPD releasing her past DUIs?
Wow Bonnie!?!?!?!?!? wrote on Apr 3, 2008 2:51 PM:Wow Bonnie now that is a very thorough statement!!!! Please all she did was use a whole lotta words to say absolutely nothing. As usual she let us down. I do not think she has the where with all to really bring a cop to justice for wrong doing. Unfortunately the cops know this so this type of thing will continue to occur until we say enough is enough. We must be aware that we are not safe around cops and certainly the District Attorney will not do anything to protect us from them. I am sure that Bonnie is not concerned about re-election right now but the day will come and we must remember all these incidences where she refused to do what was best for the public she is elected to serve. Out with Bonnie and all crooked cops. I'll bet she wants the 911 tapes withheld. She has a web to spin and this could really put a fly in the ointment.
to Does Anybody Know wrote on Apr 3, 2008 3:12 PM:They used to - they might still.
Dude wrote on Apr 3, 2008 3:16 PM:I don't understand how so many people have figured out this entire investigation without having any of the facts!! They must know something the rest of us don't in order to figure it out so quickly.
Not Happy wrote on Apr 3, 2008 3:16 PM:Off duty cop of not that doesnt give anyone the right to just shoot there gun multiple times at a mother and an 8yr old for a traffic dispute!!! What are we showing the public??? This is ridiculous. If it was anyone else they would be in jail by now.
Fact is wrote on Apr 3, 2008 3:22 PM:He shot an 8 year old boy. This story wouldn't be quite as disturbing if a small child weren't involved.
I imagine the only reason the woman isn't talking because as soon as everything went down she saw $$ signs and is preparing her big law suit.
Either way, an off duty police officer shot her and her 8 year old son.
do the Math wrote on Apr 3, 2008 3:31 PM:Five shots into the car, 3 bullets hit, all non-fatal. I do not see the intent here.
Jackson wrote on Apr 3, 2008 3:39 PM:When the police use the term "interview" they mean "interrogate" and "intimidate". I wouldn't cooperate with the people who tried to kill me either. Also, DA Dumanis doesn't seem to undertsand her job. In the above article she says that she is "not rush to judgement... the guilt or innocence.." That's not her job. Her job is to arrest and prosecute an attempted murderer and let us (via a jury) decide the case. What an ego! Worse, she is committing malfeasance or at least misfeasance. She's needed to be recalled for a long time. Remember how she handled the MiraCosta affair? Get rid of her.
Kim wrote on Apr 3, 2008 3:57 PM:If a simple road rage incident is all it takes for this ODO to get so irate to the point where he fire shots at a woman and a child, he has no business being a police officer.
He endangered many lives by his ill thought out action. I certainly hope he doesn't get his job back where he is able to carry a gun.
Peter wrote on Apr 3, 2008 4:00 PM:What with the part about calls to 911 made before, during, and after. It doesn’t make sense that someone driving on a suspended license would call except as a last resort. I can see White or his wife calling during if they thought her driving was erratic. However, who would have called before the incident? Let’s see, White’s wife is a dispatcher for a neighboring police department, might she have called? Furthermore, Chief McCoy works for the people of Oceanside, unless releasing the tapes is illegal, why should he do it because the DA asks him? Maybe the DA is already working with SDPD on a separate investigation, or is that something the public doesn’t deserve to know about either?
Michael wrote on Apr 3, 2008 4:38 PM:It's amazing how so many of you that posted here are experts on Police Department investigations and shootings. Heck with everyone's answers, we should turn the investigation over to you people.
First, the so-called victim refuses to cooperate with the police. Hard to put a suspect in jail without a victim's statement or witnesses. Also, would you let a foot doctor operate on your heart? let the professionals do their job.
Harold wrote on Apr 3, 2008 4:53 PM:What would former Officer Jim Wood know about a professional investigation? Perhaps he saw on during his 30 years as an officer, but he sure never conducted one himself. And he certainly has no right to know any more about the facts of this case today that the rest of us - he is now an elected official and should not be part of nor privvy to any part of the investigation.
These detectives that tried to "rudely" interview friends of Silva, are they the same detectives that heard the suspect say something during an interview of Bessant case but did not realize it was the suspect trying invoking his rights? Sure, I would rush to make a statement to them.
Both White and Silva are absolutely innocent until proven guilty, but I would hope that someone in authority has taken away White's right to carry a concealed weapon during this on going investigation. Who knows, before the investigation is completed there might be another dangerous 8 year old out there that causes him to fear for his life.
Jeff wrote on Apr 3, 2008 4:54 PM:Hey Taxpayer, how do you know that your scenario is not what really happened? Once again, I'm not defending White, but I'm certainly no supporter of Silva the Hushed. I am, however, very willing to wait for the investigation to be completed before I form any rash, emotion based opinions. As far as the conspiracy theororists go, keep on drinking your Kool-Aid, there is an endless supply. Bottoms up.
Paul wrote on Apr 3, 2008 5:23 PM:The problem with this investigation is an "appearance factor." After nearly three weeks of silence on this matter; from either side, is leading to a cabal by the bloggers (and the public) in either distrust of the police or disbelief of Silva.
Yet again Bonnie has to stand behind non uniformed officers that fired weapons and defend them wrote on Apr 3, 2008 5:44 PM:If you are wearing your uniform and driving your police car with sirens on top, you are the law and we respect that. Driving around with loaded pistols at your reach and not wearing your uniform or driving a police car confuses us. The victim did the right thing, she backed up her car to get away from danger. That saved her life.
Time to dump Dumans wrote on Apr 3, 2008 6:40 PM:This woman is out of control...she is nothing but a politician doing her supervisor's bidding--DUMP DUMANS: free the press.
Woody wrote on Apr 3, 2008 6:45 PM:So, unless this woman gives up her constitutional right to NOT talk to police, authorities are ready to let this ODO get away with shooting an 8 year old. NICE. How about separating the cases? Move forward with the shooting of the child.
Policy Guy wrote on Apr 3, 2008 6:49 PM:Geez...this situation has proven the point that some people who live in Oceanside really "don't know their butt from a hole in the ground", as my mom used to say. So quick to judge this incident with little to no information. Everybody relax and let the professionals handle this. Thank goodness none of you bloggers are in positions of authority anywhere. Or maybe you are. If so, please let me know where so I know to stay far away.
Listen wrote on Apr 3, 2008 7:22 PM:"Fools have no interest in understanding; They only want to air their own opinions." Proverbs 18:2, NLT
To Police Guy wrote on Apr 3, 2008 8:52 PM:What IS known is that a police officer allowed an incident of road rage to escalate to the point where a woman and her 8-year old son were shot. How could he let the situation get to that point? Isn't it his duty to keep the peace and enforce the law? When an off-duty officer carries a gun, shouldn't he be held to higher standards than others? I'd appreciate it if you could give a clear answer to those questions for those of us who don't know our butts from a hole in the ground.
mimi wrote on Apr 3, 2008 8:56 PM:Sounds like the DA's office infers it deliberates over guilt and innocence instead of "rush to judgement."
Last time I checked, our Constitution insures that task to the jury!
C'mon wrote on Apr 3, 2008 8:59 PM:If this goes on much longer, the Feds are going to get involved. At that point, heads will role at the local level.
The longer this goes, the more people are going to lose faith in our public servants.
Yes, patience is in order. Patience only lasts so long.
more info wrote on Apr 3, 2008 9:17 PM:Word on the street is that the officer cut her off and she tailed him and that he shot at her car from inside his own car.
And the public wonders why the Oceanside Police are protecting the San Diego cop?
I know - the road rage must have been the Sprinter\'s fault!
Karl wrote on Apr 3, 2008 9:34 PM:To "Think People @ 2:50 PM" How do you know it was the OPD that release the info about her DUI's?. All anyone has to do is type in her name in the county/city website and any convictions will appear. I believe it was the press that revealed the details of her record. Time to place your foot in your mouth.
Karl wrote on Apr 3, 2008 9:48 PM:Mimi, it's the DA's job to decide whether or not to prosecute. Don't you think they must decide this given the facts available. Their decision must be based on their perception of guilt or innocence?
Oops, I forgot, The DA and the OPD are involved in a conspiracy to deny Silva's right. What was I thinking trying to bring common sense into this discussion filled with lynch mob mentallity
tO jAMES.... wrote on Apr 3, 2008 9:49 PM:The child was in the front seat of the vehicle not the back. Also, as a mother I would NEVER allow my children who are 10 years and younger to ride in the front seat. Children are safer in the back. Chalk another one up to good parenting skill on Silva's part.
Brian wrote on Apr 3, 2008 10:14 PM:to tO james....:
Are you serious? You are for real questioning her 'parenting skills' for having an 8 year old in the front seat?
But let's just say, she's the WORST parent ever. How does that have anything to do with them getting SHOT???
Justice Please wrote on Apr 4, 2008 5:13 AM:Just a old fashion cover up. The DA's Press releases statement was a waste of time. SHAME ON THE DA. SHAME ON OPD.
Carpenter's comments reflect what is know as the blue curtin.
Policy Guy wrote on Apr 4, 2008 5:44 AM:To "To Police Guy"...First and foremost, I must assume that you are talking to me, "Policy Guy". It's "Policy" not "Police." I'm not a police officer, or even a huge rah rah police supporter. To answer your question, yes. Police officers are and should be held to a higher standard in the use of force. However, the "what IS known" explaination you give is, at best, a 30,000 foot level view based on limited information. When you say that he "let it" escalate, how do you know this? The escalation may have been out of his control, for one reason or another. Perhaps he followed her because she almost hit him and was driving like an idiot. Perhaps when he confronted her in the parking lot, she tried to run him over. I'm not sure if this is what happened, but it seems more rational that some of the wild accusations floating on this web page. I simply will not let innuendo and speculation guide my decision making process. I will wait until all the facts are in, and then I will make a decision. More people on this blog should try this, rather than rushing to condemn either party. I don't know what happened, and neither do any of you. Let us not rush to judgement, whether that judgement is guilt or innocence on either side, or the allegation of a police and DA cover-up (give me a break). It may just be that the case is not as simple as most of you people think and actually requires some investigation; an investigation that--shock!--includes Ms. Silva giving a statement to police about what happened. You can not complete an investigation with only half the information.
esteban wrote on Apr 4, 2008 7:15 AM:To "To all"....nice going. You just made all those cover up theorists look stupid.
One thing is clear; wrote on Apr 4, 2008 7:21 AM:If this was anyone but a police officer, do you really think it would be handled the same way?
Scott wrote on Apr 4, 2008 7:28 AM:I like the way the "journalist" states that "residents" are increasingly frustrated then they put 1 persons opinion in there. I wonder how many people they talked to before they found that similar opinion. I'm patient, I'll wait for the whole story.
esteban wrote on Apr 4, 2008 7:28 AM:Policy guy...I've tried reasoning with these conspiracy nuts. You are so right, but these people are just hopeless. With the way these people reason, I just can't believe that these people are in any way, productive and or responsible employees, parents...etc. people who make up stories to satisfy their own biases withoput proper factual support are no smarter than 1st graders. Hey, these people should be on a new show, "Are you dumber than a 1st grader"!!!!
This fish is starting to ROT wrote on Apr 4, 2008 8:00 AM:
I wonder if Carol Lam got canned because she might have been investigating the white-collar corruption and Bonnie DA complicity and her turning a blind eye to the good old boys club. I think Bonnie DA should be investigated herself and possible even the entire OPD and Mayor Wood and add the entire counsel for stupidity and conflicts.
The truth is on the tapes wrote on Apr 4, 2008 8:13 AM:The OPD and the DA should be immediately allowing the showing of the security tapes on the TV news, allowing the transcription of their contents for the written newspapers. They should also allow the playing of the 911 tapes on the TV news, and also allow the transcription of their contents for the written newspapers.
Nothing else is relevant at this point, not media reports about the victim's past, nor any speculation or reenactments about what may have actually happened, nor any media interviews from the victim, nor press conferences with the police, except for the unedited audio and video of the security tapes and the unedited audio of the 911 tapes. If the shooting was justified, or if it wasn't, that truth would be clearly revealed on those tapes.
keeping a close eye on Bonnie wrote on Apr 4, 2008 8:55 AM:If this officer has nothing to hid then why is a coverup necessary? Bonnie Dumanis needs to do her job and do her job right!!!!! Why is this rogue cop on a paid vacation? He should be arrested just like any other person who shot at a person on the street. Evidence should be collected and if they find sufficient evidence to bring this guy to trial than so be it. His profession should not allow him to break the law, and commit two counts of attempted murder and get away with it. We are ALL watching this time Bonnie.
There are good cops too... wrote on Apr 4, 2008 9:08 AM:I know there are a lot of officers out there that are just as frustrated by the bungling of how the Oceanside police and the DA are handling this investigation. What is happening makes them all look bad and for every gung-ho idiotic cop out there...there are a hundred honest, hard-working, good cops out there too. And believe me, they know very well that in the public opinion, this reflects on them all.
So please, don't judge all of our law enforcement by what is happening here.
Is there any excuse to fire in the direction of an 8 year old child? None that I can imagine and the majority of cops out there never discharge their weapon, regardless of what was happening, with a child in the way. Especially with a child between them and their intended target.
Have the political creatures in the Oceanside police department and the DA bungled how they handled this? Yes... But that doesn't mean that all of the San Diego and Oceanside cops believe that it is being handled correctly. I'll bet you ten to one that there are quite a few out there that want to know what happened too. But saying anything publically right now could jeoperdize their jobs and how many of you are willing to do that?
There are some officers who would support White regardless of the facts, but the majority would readily condemn White if he fired without just cause. But like us, they have to wait to find out the truth also.
And I think Silva was smart not to speak to anyone until after she spoke to an attorney and remember...it is on her attorney's advice that she not speak to the police now. From the beginning, the police only released information that was derogatory about Silva. Which makes me think that those in charge were already trying to skew the general perception that she was the bad guy in this incident. But that's not a tactic that all cops think is right.
And the fact that she still hasn't given a statement could be for several reasons. Maybe they have asked for an outside investigation and were told that they had to speak to the Oceanside police first and Silva and her attorney are wary about that? If Silva had been drinking, that would immediately prejudice her case...even if White was the instigator and fired because he was enraged.
Maybe her attorney wants to see the evidence himself to verify that what Silva told him about backing away was true before he allows her to speak. Every good attorney wants to know the truth before they let their client give a statement just in case thier client was lying to them. I'm not saying Silva was lying but any good attorney would want to double check the facts first. And she does state that she is not able to remember everything that happened that night. Seeing my kid shot would make me want to forget things too.
The fact that her attorney is denied access to the cars, the video tape and any other evidence to conduct his own investigation could very well be the stumbling block for Silva's silence. By going to the media with her story, they might be trying to force the police to open the evidence to them. A sound strategy if that's the case.
I'm just as frustrated as any of you about the lack of information from the police and the fact that White had no blood test and the fact that he seems to get different treatment than the public and the constant stalling from the police about telling the public about what happened.
But put the blame where it belongs, to the higher-ups in the Oceanside police department that state what can and can't be released and the DA...
Don't blame all cops for what happened here and what is happening. I'll repeat: For every bad cop, there are a hundred good cops who put themselves and their lives on the line every day to try and protect us. Let's not forget that.
Bonnie Stop Witholding evidence!!!! wrote on Apr 4, 2008 9:25 AM:Is it still called obstruction of Justice if the District Attorney is doing it? Of course the 911 tapes will reveal exactly what happened and that is the reason our illustirous District Attorney has demanded that the 911 tapes be with held. I sure hope she does not ask that they be destroyed just to get this guy off. I can hear it now: Off Duty Officer is found to have justifiably shot Rachel Silva and her 8 year old son. The officer felt his life was in jeopardy because the boy was throwing M & M's at him. Next this officer is back on the street, Yikes!!! Go get 'em Rachel.
Billy wrote on Apr 4, 2008 9:39 AM:I think its time to vote this DA out of Office, She has had too much power for to long.
What Statement?????? wrote on Apr 4, 2008 9:40 AM:You call that a statement. It is more like a statement to excuse yourself for not having a statement. What a waste of our time.
To:The truth is on the tapes wrote on Apr 4, 2008 9:50 AM:And what difference would it make if they released the video or played the tapes? Oh wait it would let the NOSEY PUBLIC know what happened. It is non of our business what or how it happened doe it change anything?
Did they release the pictures of Nicole and Ron Goldman, or the 911 calls, or how about.
If we really want some info that is not being released that matters, how about Barak Obama's wife's senior thesis that is "RESTRICTED" until Nov 5th, where she talks about how racist all of America is.
Are these American wrote on Apr 4, 2008 10:12 AM:Lawmen we are dealing with or Mexican corrupt lawmen? Why this is taking so long is that they are building up a defense for the San Diego Officer, do they think we are stupid?
And I thought wrote on Apr 4, 2008 10:15 AM:Paul, the old DA, was bad! Cover Cover Cover. She ran on openness and change. Still the same old club. Protect themselves, the Sheriff and the Cops at all costs.
Duh wrote on Apr 4, 2008 10:27 AM:Oh no no OPD don't feel obligated to tell the public anything, I'll be watching Nancy Grace to hear about it. How embarrasing I have learned more about this case on a nationwide news broadcast show then from my local news. Looks like keeping us in the dark isn't working...again.
You better believe the truth is on the tapes!!!!! wrote on Apr 4, 2008 10:35 AM:AMERICA IS RACIST!!!! OOPS!! THE CAT IS OUT OF THE BAG. AMERICAS DIRTY LITTLE SECRET IS EXPOSED. Oh Come on you really don't think racism is dead, do you? We are NOT the Nosey Public we are the public that can be hurt or killed by trigger happy cops on or off duty. We have the right to know the truth.
Give Up the Tapes wrote on Apr 4, 2008 10:58 AM:DA Dumanis acts as if us lowly citizens are a bunch of bufgoons. "Go away, public, you're bothering us." The only way we will know what really happened is to file charges and take it to trial. As Mimi said in post above, it's up to a jury to uncover guilt or innocence.
Maybe it is time wrote on Apr 4, 2008 11:24 AM:for the citizens to file an Obstruction of Justice against the DA and OPD!
Who really cares....... wrote on Apr 4, 2008 11:46 AM:about what Michelle Obama wrote her thesis about in college!!! If her past is so relevant than the words from Presidential Candidate Hillary Clinton's husband; "I did not have sexual relations with that woman, Monica Lewisky should be relevant also. What about the words of Hillary Clinton herself about "landing under sniper fire". What a liar!!!! So if you are concerned about what the future First Lady wrote in her thesis I am afraid you will have to be patient and wait just as we are being told to be patient and wait about this shooting case. It is funny how the shoe fits on the other foot!!!
Temecula Taxpayer wrote on Apr 4, 2008 11:56 AM:to "There are Good Cops, too" Good essay, you may want to forward it to the paper as a Commentary.
It's good to hear another perspective which is the advantage of these open posts. Most people have faith in police and in the judicial system. But most people really don't know how things work. For example, the fact that Silva's attorney does not have access to the same things the police have is mind-boggling. The fact that they can pick and choose what is to be released is powerful. They have control. But it is the TRUTH that ought to be served, not political or legal maneuverings. Decisions regarding justice should not be made behind closed doors.
This will and should remain under public scrutiny until the truth is out.
To:You better believe the truth is on the tapes!!!!! wrote on Apr 4, 2008 12:27 PM:In the words of Col. Nathan Jesep "YOU CAN"T HADLE THE TRUTH"
The only way you are going to be hurt by "trigger happy cops" is if you are doing something wrong.
AMERICA itself is not racist, it is driven by individuals who teach it(i.e. the KKK, Al Sharpton,Jessie Jackson)
Besides if you don't like it here go to IRAQ or IRAN and try to speak out against the police or government and see if they don't come gunning for you.
The rest of the story... wrote on Apr 4, 2008 12:36 PM:Even though the facts have not been released in this case, I am confident that when they are revealed we will all learn the truth...that this whole incident is George Bush's fault.
ClubStyle_DJ wrote on Apr 4, 2008 12:53 PM:I'm wondering if this woman and child was so dangerous enough to warrent weapons discharge x5 why isn't SHE under arrest and in jail?
Jerry wrote on Apr 4, 2008 12:55 PM:The U.S. Attorney and the FBI needs to be called in. Mayor Woods wanted to call the FBI to investigate the Chamber of Commerce for not supporting him. Mayor Woods is a rubber stamp for a rubber stamp department.
Almost 3 weeks wrote on Apr 4, 2008 12:57 PM:There are plenty of good police and I am appreciative of the OPD officers that patrol our city, but the deaf, mute act of OPD detectives and the Chief, the press conferences that aren’t and DA statements that say nothing are ridiculous, will the Feds please take over this case.
To the rest of the story.... wrote on Apr 4, 2008 1:31 PM:No, this whole incident is the fault of the illegal immigrants.
Statement, What??? wrote on Apr 4, 2008 1:53 PM:Bonnie I see your mouth moving but I can hear anything except Blah! Blah! Blah! Does Dumanis really think we are gulible enough to swallow this huge pill of deceit. Come on lady give us a break!
To ClubStyle_DJ wrote on Apr 4, 2008 1:56 PM:Good point. Why is she not in jail? Why is the little boy not in juvenile hall since he warrants being shot he must have done something really bad. Something stinks here and it smells like a cover up.
to policy guy wrote on Apr 4, 2008 1:59 PM:policy guy says "You can not complete an investigation with only half the information."
SURE YOU CAN. homicide detectives do it every day. oh wait, that is GOOD DETECTIVES do it every day. maybe just maybe, OPD isnt in that category?
Justice? wrote on Apr 4, 2008 2:02 PM:There are plenty of good police and I am appreciative of the OPD officers that patrol our city, but the deaf, mute act of OPD detectives and the Chief, the press conferences that aren’t and DA statements that say nothing are ridiculous, will the Feds please take over this case. A has been pointed out even in the case where an officer shot his wife in the face in front of family members the DA sided with defense counsel it trying to remove a judge that her brief claimed was biased against the former deputy sheriff who had served in corrections and as a court services officer. The judge objected to the plea agreement that would have limited the former officer’s maximum jail time for his plea of guilty to murder 15 years. The DA’s office then let the fomer deputy plead guilty to voluntary manslaughter.
Think about it... wrote on Apr 4, 2008 2:26 PM:I find it interesting the DA even made a public statement. Supposedly, they don't even have the case yet, OPD is still investigating. It must be public pressure. So it's been three weeks... any idea when something of substance will come out of the ODP or DA ofc??
To Justice? wrote on Apr 4, 2008 2:26 PM:There is no justice for those who have the misfortune of coming into contact with police officers. They are defended at all costs. The DA will defend and protect them as they rub elbows daily, you know arresting, convicting and locking up the bad guys. Sad that those bad officers will never get what they deserve.
ACLU were are you? wrote on Apr 4, 2008 2:29 PM:Question, I'm sure Silva could use the help of the ACLU right about now. So were are they when you need them? Oh yes I forgot, Only so much manpower I guess, after all, there are more crosses and 10 commandment placards to pull down in this country.
O'side res. wrote on Apr 4, 2008 2:38 PM:I understand the public's concern about this whole ordeal, but did anyone even bother to question "WHY WAS HER SON SITTING IN THE FRONT SEAT?"...He is not over 12, he was suppose to be sitting in the back. Could it be a possibility that maybe if her son was not sitting in the front seat, he wouldn't have gotten shot? Apparently she isn't a responsible person, and the minute she allowed her son to sit in the front seat, she was held responsible for whatever happened to him. My heart goes out to the son...
esteban wrote on Apr 4, 2008 2:38 PM:Wow, the current on duty NCT moderator really must have it in for me.
Starsky & Hutch wrote on Apr 4, 2008 2:43 PM:could of had this solved 1/2 hour ago and with commercials!
The ACLU is busy right now!!!! wrote on Apr 4, 2008 2:45 PM:They have to defend the minutemen because Cal Trans took their sign down. Defending the minutemen is a full time job you know.
To: O'side res. wrote on Apr 4, 2008 2:56 PM:And just maybe If the sun did not come up it would stay night. WHAT!?!?!?!?
To Esteban wrote on Apr 4, 2008 2:56 PM:The NCTimes fully supports law enforcement in everything it does - no matter what. Their censors don't want anything that reeks of criticism of law enforcement to appear on their website, letters to the editor or printed pages. As long as you've been reading/blogging, you should know that!
Geez wrote on Apr 4, 2008 3:02 PM:How did "There Are Good Cops Too" get that huge blog past the censors? They must have been on coffee break. Or, more likely, it was one of the NCT staff writers. There's no rhyme nor reason to the NCTimes censors
Crimony.. wrote on Apr 4, 2008 3:12 PM:I can't believe the moronic lengths some people go to to explain Ms. Silva's guilt. O'side res. takes the cake! I guess what you are really saying is if he were in the back seat, then the bullet would have killed her, and that's OK since she's already an undesirable. And since the kid was born to an undesirable, well, he was doomed regardless of whether he has a mom or not. Come on, don't you remember that her husband is a Marine? What happened to our "true heroes" rhetoric and the sanctity of Semper Fi? What - if you divorce a Marine you're not good enough anymore? Aren't one of the ideals the Marines are fighting for the concept of "innocent until proven guilty"? So far, the only intelligent poster in this whole string is "There are good cops too...". That guy hit it out of the park.
To O'side res. wrote on Apr 4, 2008 3:16 PM:So by all means if you put someone under 12 in the front seat, they deserve to be shot??? PLEASE!
Regarding the ACLU wrote on Apr 4, 2008 3:35 PM:ACLU will only take cases that impact a group as a whole - homeless people, atheists, illegal immigrants, etc. They will not represent one individual. Silva has an attorney and is absolutely wise not to talk to any detectives right now. Many of you are angels, I know, and have not been in trouble with the law but they are not on your side. They mean it when they say that anything you say CAN and WILL be used against you.
Don't any of you youngsters know the song, "I fought the law and the LAW WON" ??
To:Regarding the ACLU wrote on Apr 4, 2008 3:51 PM:Thank you for the ACLU facts lesson, I did not know that, but it was for the most part a rhetorical question, Also, an angel is a separate created being that you don't aspire to become, or become after you die. Have a good day.
ItHappens wrote on Apr 4, 2008 4:01 PM:I agree with the decision to get all of the facts before releasing the information. I will reserve my judgment of the incident until all of the facts are out. I also think that the Oceanside public is entitled to hear the facts as quickly as possible. There is no possible explanation in my opinion, why anyone should shoot anyone due to a road rage incident, Off duty police office or otherwise. There are certain things that a civilized society accepts and the fact that boneheads will to be driving on the road with us is a fact we all have to live with.
Vic wrote on Apr 4, 2008 4:13 PM:I can see the report now! The 8 year old was lunging as he reached for his waste band. The officer, fearing for his life, had no other choice but to shoot! Mayor Wood, our retired cop that had more complaints then the cable company will say the shooting was within policy.
Jerry wrote on Apr 4, 2008 4:19 PM:Mayor Wood, who do you work for the people or the police! I thought you retired from the police after an entire career without any promotions. It's time this case went to the Attorney General.
Re:ItHappens wrote on Apr 4, 2008 4:26 PM:"NO possible explanation." You say, But you just made a judgment and gave us your opinion,Right? So how then can you say you reserve judgment.
To Esteban wrote on Apr 4, 2008 4:56 PM:You too are right and I agree with your comments “these people are just hopeless. With the way these people reason, I just can't believe that these people are in any way, productive and or responsible employees, parents…etc.” What’s even scarier is that these folks are probably selected for jury duty, I shiver.
Re:ItHappens wrote on Apr 4, 2008 5:27 PM:Nice trolling.
There is no official report. The opinion I expressed, is pure speculation, and does not reflect judgment to facts yet released for this incident. I shall wait for the facts of this case before forming judgment.
To Policy Guy wrote on Apr 4, 2008 5:37 PM:Are you saying this police officer had no other choice than to follow the other driver into a parking lot? Or, if she was following him, to not drive to the police department which was just a mile away? If this officer could not diffuse a road rage incident while off duty, what can we really expect of him while he is on duty where he will run into a lot more serious scenarios???
To "To Policy Guy" wrote on Apr 4, 2008 6:17 PM:I never said that the police officer had no other choice. I am also not saying that following her was a good or bad decision. What if she was driving in such a manner as to pose a threat to others? I'm not a police officer, just an average joe...and I would follow her so I could report her location to the authorities. Perhaps he followed her into the parking lot, and she escalated the situation by trying to hit him or his car? It may have been his fault, it may have been her fault. All I'm saying is let's not rush to judge. This is not a difficult concept to comprehend, is it? Can everyone please just get over it? It's not like off-duty SDPD officers are rogue Nazi stormtroopers shooting everyone in sight. I am sure there was a reason for the weapon to be fired. What that reasoning is will soon be known. If anything, people should be putting pressure on Silva to make a statement. Oh, I forgot...there is a vast conspiracy that she is trying to avoid. Uh huh...that makes sense.
To: there are good cops wrote on Apr 4, 2008 7:22 PM:Line up the Cops... make em take a polygraph... ask one question... have you ever seen a fellow cop do something in uniform he should not have done that is unprofessional and did you report them.... when they fail... fire them... cause they are protecting the Blue Brotherhood.... and not protecting the public iterest. Yes I have spoken up when people I know are behaving wrong or acting in an unprofessional manner.
Roberto1 wrote on Apr 4, 2008 7:26 PM:Can you say $$$Ka-CHING$$$...another reason everyone is being so quiet. Its not if, its how much$$$
anotherview wrote on Apr 4, 2008 8:06 PM:This news report has two sides. The first side appears in the second paragraph. It states the investigative necessity of gathering "all those facts" "surrounding the March 15th officer-involved shooting in Oceanside." We in the public should applaud the responsible officials for methodically guiding this investigation to its conclusion, instead of rushing to judgment. The second side of this matter appears in the rest of the news report, to wit: “The statement sheds no light on the remaining questions surrounding the shooting.” In writing these words, journalist Paul Sisson seems not to have understood the message in the second paragraph. Thus, he merely exhibits journalistic impatience, adding nothing to the story. Mr. Sisson then airs the notions of ... Gene Iredale, whose client took part in the incident but refuses to cooperate with the police investigation, thereby hindering it. [Iredale] slams the investigators with outlandish comments suggesting a police investigative bias favoring the involved police officer while leaning against his client. His inflammatory behavior we must all take with a grain of salt. Journalist Sisson does not help by writing, “residents appear increasingly frustrated that so few details have been made public.” He quotes only one unhappy resident who illogically analyzes the shooting incident by saying, in effect, he would go to jail if he fired gun shots. Yes, he might, depending on the factual circumstances, not just whether he fired shots. Journalist Sisson compounds the illogic here by using the word “residents” as a weasel word, because he quotes only one person, and makes no reference to any other sources from this demographic. Of course, Dear Reader, we should understand that the news media function as businesses earning their profits from selling space to advertisers who pay for it in proportion to the size of the media audience. The news media therefore try to generate an audience for dollars. As a result, the news media wear two faces, one practicing the delivery of newsworthy information to the public, and the other looking to the profits from this endeavor. Again, the police investigation report of this matter will issue in due time. Let us all wait both patiently and expectantly for this rational outcome.
Brian wrote on Apr 4, 2008 11:14 PM:To 'There are good cops too':
Thank you. You couldn't have said it better. I hope you really are a cop (people often misrepresent). If you are, you're saying what I would expect any decent cop to say: "Good cops dislike bad cops as much as the rest of us"
And you should be upset a lot more than the rest of us. After all, you have to put up with people who have lost trust ...
What I don't get though, are the cops who bend over backwards to blindly defend this cop in O'side. Maybe that just says a lot about them.
Policy Guy wrote on Apr 5, 2008 8:02 AM:To "anotherview", bravo! That was the most reasoned, well written blog I have seen yet.
Harley wrote on Apr 5, 2008 8:33 AM:Oceanside Police are learning the hard way...that when you withhold information from others, they will make up their own stories/excuses for what occurred! The result being egg on face for everyone at the other end.
Only problem is: the police don't care 'cause they have an ex-cop as mayor directing their policy.
seahorse wrote on Apr 5, 2008 10:21 AM:If you think we should trust the DA, google "I got thrown out of a news conference held by Bonnie Dumanis"
My tax dollars at work??? wrote on Apr 5, 2008 10:38 AM:We will never get the truth. This will be settled by old Bonnie without having to make this ... cop answer for his crime. He should be charged with two counts attempted murder!! But instead he is on a paid vacation. I don't think we can expect more out of old Bonnie since she wines and dines with these cops and must protect them at all costs. I hope Mrs. Silva and her son get lots of cash out this to make up for the stress they have been forced to endure, and for their pain and suffering. I realize the settlement is my tax dollars but that is Bonnie Dumanis' problem. I think we need elected officials who care more about the general public than protecting one raging cop. When will we elect fiscally responsible City officials who will do the right thing????
Hey Brian wrote on Apr 5, 2008 12:18 PM:You still don't get it! This cop has not been proven guilty of anything yet! Why are you so insistent on rushing to judgement? Yeah, I know, I am one of the sheep who choses to see people as innocent until proven guilty and I always give cops an extra measure of trust. So from a sheep to all of you that insist this guy is guilty before proven, I still think you guys are wrong!
Floyd wrote on Apr 5, 2008 2:15 PM:Some of you people keep comparing OPD's investigation to Barney Fife, that's not fair Barney's got a lot more on the ball than these guy's.....
To the 7:22 pm post wrote on Apr 5, 2008 2:20 PM:lets put you in a line up give you a polygraph and see if you witness and crime and covered it up. Get flippin real. The only thing that these nut heads are doing on these blogs is causing trouble. Get a life, not all cops are bad. I know people like you would do anything to have people think that.....but too bad They are not.
To Hey Brian......Floyd wrote on Apr 5, 2008 2:40 PM:People are tired of the double standard between police and the masses, if any other person were in the same situation and had shot a women and a small child in a road rage dispute they would have gone to jail..... Has this guy even lost his gun? Police do not get traffic tickets, DUI's, it seems like they can't get arrested except if it's a felony, they get free donuts and movies and now since they can't trace there lic plates they aren't paying for using the toll way. It just goes on and on with these guys and nobody stops them.
Who is policing the police?
Sad but true wrote on Apr 5, 2008 4:33 PM:This investigation will take MONTHS. In the Foley case, it was almost a year before they decided not to file anay chages. Meanwhile, this officer will get his full paycheck and continue to carry his weapon as he drives around town, cutting people off.
Sam wrote on Apr 5, 2008 8:15 PM:Sad but True - U R INCORRECT
Where has it been reported that White cut off Silva? Silva could have cut off White... No facts regarding the actual reason for the incident have been - Mainly because Silva has not supplied statement.
Sam wrote on Apr 5, 2008 8:18 PM:SAD BUT TRUE - U R INCORRECT AGAIN
In the Foley case, Foley was charged with DUI and his one night stand was charged with DUI and ADW (A CAR).
Foley PLED GUILTY to DUI and his girly friend swas convicted of ADW and DUI by a Jury.
Gadfly wrote on Apr 5, 2008 8:24 PM:Don't expect Jerry Brown to be of any help. He's bestowing retribution upon anyone who blows the whistle corruption in Sacramento.
Where's William French Smith when you need him?
come on wrote on Apr 5, 2008 9:14 PM:Due to the trama of her bullet wounds she may not have a clear recollection of the events leading to the shooting whether the cop is guilty or not I think he will be able to say she came at him with the vehicle end of story. In my opinion the cop could have called 911 before there was any altercation but that would be common sense. Both were idiots
loco760 wrote on Apr 6, 2008 12:00 PM:Sam wrote on Apr 5, 2008 8:15 PM:Sad but True - U R INCORRECT
No facts regarding the actual reason for the incident have been - Mainly because Silva has not supplied statement.
----------------------------------
So you are saying that Officer White has supplied a complete statement THAT HAS BEEN released to the press/public?
Where is it?
Sad but True wrote on Apr 7, 2008 9:34 AM:Sorry, Sam. Meant to say the offduty Coronado cop did not have any charges filed against him in the Foley case. You're right - the one night stand got blasted and Foley got a DUI rap and a ruined career. What a travesty of (in)justice.
To Crimony wrote on Apr 7, 2008 11:37 AM:The only thing I was trying to say is her son shouldn't be in the front seat in the first place, it is the law. The way your making it sound is that "good thing the son was sitting there cause he protected his mom", which was wrong. I am not trying to put the blame on the mot



