Esteban wrote on Apr 7, 2008 7:12 PM:OPD screwed up that night. They made some assumptions that proved incorrect, now they have to figure out how to extricate themselves from this mess. Nice going guys.

Story on the "no story"? wrote on Apr 7, 2008 7:21 PM:The NCT's needs to grow some nads. How many more storys are you going to write whining about your inability to do your job. Press the issue, the Oceanside Police Department can not be above the law they swore to protect. We have more information on the recent car chase through the park than you can get on this case.

Jeff wrote on Apr 7, 2008 8:44 PM:Guess that OPD sent the texts to the lab by turtles. The attorney doesn't sound like he is asking for anything extraordinary, why won't OPD oblige then call for Silva's statement?

not amused wrote on Apr 7, 2008 9:02 PM:Long time Oceanside resident Bob the bag man arose from the bushes demanding answers. He felt that there was someone possibly circling the shopping carts. Meanwhile back at the filling station reporters crowded the lot as there was a rumor of a new offer, a free soda with purchase of chili dog . Film at 11.

Old News wrote on Apr 8, 2008 6:37 AM:She switched attorneys a few days ago. I certainly want to hear as much about this case as possible but, with this story, it seems you're just talking to hear the sound of your own voice.

Boosh wrote on Apr 8, 2008 8:07 AM:I agree, there is nothing special here. But who is Cara Wicks and why do we care what her opinion is? Is she an expert or just another armchair commentator?

Think! wrote on Apr 8, 2008 8:18 AM:What do you expect from a town who's Mayor calls himself "TOP COP?" Wood and his buddies stick together.

esteban wrote on Apr 8, 2008 9:07 AM:Boosh, Wicks is just another self-righteous-know-it-all-arm-chair-QB. Why didn't they interview me for a counter point? Cuz NCT don't like views from me and my "ilk". We have too much common sense.

Dave wrote on Apr 8, 2008 9:17 AM:interview someone with expertise. how about an expert on criminal investigations, criminal law??? etc... give us something that propels the story. not the lady at vons. let the lame local televised news have the useless interviews

Bad Cop wrote on Apr 8, 2008 9:45 AM:The only threat to society is the hothead with road rage. The one that was armed.

Report both Sides wrote on Apr 8, 2008 9:57 AM:to NCT, you've mentioned Silva's record several times which is fine, because it's public, although at times as if you're relaying what you've been told by the cops. But what about Franklin White? Is he black, white? Is he a traffic cop? Code enforcement? What did he do before he was a cop? Any history of complaints?

Soos wrote on Apr 8, 2008 10:04 AM:To:Jeff. I'm no legal expert, just a law abiding citizen questioning the extraordinary behavior of the police, but I assume since no charges are filed (yet), they think her atty is not entitled to any info, which is absurd. If you are considered a suspect, reports are released to your atty. I see no reason not to release something that has been filed with the courts, ie., warrants, as they are a matter of public record unless the judge decided to seal them. Any attys to clarify? This shroud of secrecy is because it involves a cop and the public should not stand for this.

Nutz wrote on Apr 8, 2008 10:10 AM:Picture this: I, John Q. citizen, whip out a gun and start shooting at a car backing away from from me in a parking lot surrounded by busy stores in the dark of night. Do ya think I would be sitting at home, living my life as though nothing had ever happened, or would I be in a cell at County Jail, waiting for charges to be brought against me? Pretty easy answer to this scenario; just as easy to figure as to what is going on with this case: cops circle wagons to protect one of their own, attempting to find a way to explain away the crime committed by one of their brethren, while hoping they can find something, anything that results in the civilian being found to be the party at fault.

Just Chill wrote on Apr 8, 2008 10:10 AM:My goodness people. Just let the OPD do thier job. The truth WILL come out...If you all don't like the way this is being investigated, then go down to the police department, fill out an application, take the test. If you can pass it - then try to make it through the background investigation, get hired and go to the police academy. Graduate the police academy and perform a thankless job where everyone second guesses your every move and decision. Eventually, you might make detectives and then YOU can handle these type of high profile cases. My God - be patient!

Am I safe, is anyone? wrote on Apr 8, 2008 10:18 AM:It's a cover up. Law Enforcement, District Attorney, and our elected officials are stalling to get the best lie spun to protect this out of control cop. Geez enough already, arrest this freak and get him off the streets. He is a danger to society. I just want to know one thing while this guy is on a paid vacation oh I mean administrative leave, did they take his weapon away from him? Really please someone answer that question as I fear for my life. If an 8 year old kid is not safe who to say anyone is safe. They are dragging their feet because they have to cover their assets. We demand justice for this family and the safety of the public at large.

butteminers wrote on Apr 8, 2008 10:44 AM:Report both Sides remarks and those of the others commenting are well taken. Your failure to research and report White's background while publishing the OCD and other sources releases of Silva's show a lack of temerity, laziness or.... If you are not part of the solution, you are part of the problem.

Do your job newspaper people.

To esteban wrote on Apr 8, 2008 10:44 AM:If common sense played a role in any of this the ODO would have been tox tested the night of the incident ... even if it were only to prove he was sober so they could avoid the questions that are being asked now.

Mark wrote on Apr 8, 2008 10:59 AM:Something is really wrong when the Police can interrogate an 8 year old child, recently treated for a gunshot wound, and over objections by his closest available relative. Also, can any reasonable person imagine a traffic argument scenario that would justify the attempted murder of 2 persons, which is exactly what this case is coming down to. The Police Standards expert states that it is acceptable to use deadly force if someone feels their life is in danger. Does anyone really believe that if one 'civilian' shot another because they felt threatened over a road range incident, he or she would not be jailed immediately, no exceptions?

I wonder?? wrote on Apr 8, 2008 11:01 AM:This thing is not yet a month old and the woman now has her third attorney. I smell something fishy??

Soos wrote on Apr 8, 2008 11:09 AM:To: JustChill I beg to differ and I find you very condescending to suggest people "fill out an application" just because we are questioning what's going on with this investigation. If you are so unhappy in your thankless job, then get a new one. But since you signed up to be a cop, then be the most professional, competetent, FAIREST cop you can be. Don't make excuses for bad behavior or act like the public is too stupid to see what's going on. We get it.
No offense, but your arrogant sarcastic attitude speaks volume.

A Question for Just Chill wrote on Apr 8, 2008 11:36 AM:We all recognize and appreciate that officers face constant danger in the exercise of their official duties. Beacause of this constant danger, a police officer must undergo rigorous training as you have noted above. As part of that training, the police academy trains officers on the proper use of the officer's service revolver. The question is whether the police academy training ever suggests its ok for an officer to fire his/her service revolver in the direction of innocent unarmed citizens. From what we know so far, the eight year old boy was unarmed and uninvolved in the altercation. Yet the officer recklessly and unjustifiably put the boy's very life in jeopardy by firing his service revolver in the boy's direction. The public demands answers because it appears OPD is excusing the officer's apparent violation of department policy and the California Penal Code with a wink and nod.

esteban wrote on Apr 8, 2008 11:41 AM:To "Am I safe..."...So he's a danger and should be arrested huh? What should he be arrested for? Sounds like you somehow got all the facts before the rest of us did. Please tell us because some people are starting to jump to conclusions.

nabetse is done! wrote on Apr 8, 2008 11:46 AM:"just another self-righteous-know-it all-arm-chair-QB" you say, Wow, a child deserves a childish response because thats all they understand so, "It takes one to know one!" this is my last post , I've been cut off by NCT for 3 days. nabetse-esteban foreword or backward, either way you spill it, it's just not right!.

A Former Resident wrote on Apr 8, 2008 11:46 AM:How pitiful. Nothing resolved almost a month later! "The investigation is moving forward. It's not just sitting there stewing." Yeah right. So what if the female victim has two prior DUI's? How should that have any bearing on this matter? If you apply the same dumb logic, should the child victim have his behavior at school be in the paper,too? What's important here? What does the public know about Officer White and his background? And if NCT doesn't have the balls to find out and print it, this paper is not worthy of the bottom of a bird cage.

Jamie wrote on Apr 8, 2008 11:47 AM:Why would she need to see all their evidence before making a statement as to what happened? Shouldn't she know what happened, she was there. If she did nothing wrong, certainly she should be able to make a statement now that she has an attorney. It is upsetting that an 8 year old was shot, but who put that child in danger? Do you honestly believe some rennagade cop chased down and shot a woman and child just because he got cut off? There is way more to this story, it will be interesting to see when all the facts come out. I'd be willing to speculate that the whole confrontation started because the ODO believed the child was in danger. Guess we'll know once they release his statement, which they won't do until she makes hers.

resident wrote on Apr 8, 2008 11:48 AM:I for one am going to take matters into my own hands by voting these elected officials out of office in November.

To let any person (regardless if they are off duty or not) walk free after shooting an innocent 8 year old boy shows me they do not have our community in their best interest. Vote people, vote them out!

DEPUTY'S GIRL wrote on Apr 8, 2008 12:04 PM:OPD did not have to to do a tox screen on the off duty cop. I just wish they had, only to help, if anything clear him in the end. The public needs to understand one agency does not cover for another, but cops are human and mistakes are made. I told my deputy how I think the whole story went down, we'll see a few years from now when all the info come out.

Alf wrote on Apr 8, 2008 12:15 PM:Well, "Just Chill" at 10:10AM, wait until when? GWB and his puppets and puppeteers keep wanting to "stay the course", "give it some more time" and "wait a while more" in Iraq! Is it any wonder that people are sick and tired of that garbage. How long does it take to assess a situation that took a few minutes to unfold. Hours? Days? Weeks? Months? All the while being told to be patient, FOR HOW LONG? Patience, my behind! Answers AND ACCOUNTABILITY, NOW!! Regards, Alf.

David D wrote on Apr 8, 2008 12:16 PM:It's funny how so many want the OPD and the DA to be forthcoming, but those same people aren't demanding the same of the "victim." Her attorney wants to see the cars involved and view all of the pictures before he'll allow her to make a statement? Why? So she and her latest attorney can make sure the tale she weaves is consistent with the evidence gathered?

Travis wrote on Apr 8, 2008 12:16 PM:Some people advocate patience. That is just what the cops want. Move along folks, there is nothing to see here. Six months from now when no one is paying attention to this case the cop goes back to work with a six month paid vacation.

NCT Times wrote on Apr 8, 2008 12:21 PM:Lets see if you print this?...Who is Wicks, is she an expert?, if not i sudgest you apply at OPD, if you can pass the backround, poly,Academy, FTO, then make it to Det?....Everyone needs to relax, let OPD do the investigation, then make your comments..my guess, silva's going to be charged with DUI both alcohol and drugs, child endangerment....the cop, bad choice in using your weapon..maybe he will be charged as well...

Jeremiah wrote on Apr 8, 2008 12:21 PM:Fear of getting shot by the police is a pretty cool way to Just Chill in O'Side. sounds chill. who wants to head up to O'side and just chill out at the beach and Fear the police? just sounds so chill

I agree with "Am I Safe, is anyone?" wrote on Apr 8, 2008 12:26 PM:I mean really, are we safe? We have heard all the bad about Silvia... But what about White? Does he still have his weapon? Can he shoot someone else who pisses him off in traffic? Regardless of what this women did, it could not of justified shooting her and her child.

To I Wonder wrote on Apr 8, 2008 12:28 PM:It's actually her second attorney and he was referred by the first one so he could continue to represent the son (bigger potential payday) without experiencing any potential conflict of interest that could be perceived if he also continued to represent the mother. Nothing fishy about that ... he's just going where the most money is ... sounds very lawyerly to me.

To David D wrote on Apr 8, 2008 12:39 PM:You ask: Her attorney wants to see the cars involved and view all of the pictures before he'll allow her to make a statement? Why?

Answer: Because he's doing his job.

Would it be nice if she made a statement? Sure. But this case will be solved with or without her statement.

Brian wrote on Apr 8, 2008 12:40 PM:The post @12:21 was just as ignorant as the orinal one @ 10:10.
I don't want to have to apply to be a cop, just to be able to get information from those whose salary WE PAY. Plus I couldn't afford the pay cut.

David wrote on Apr 8, 2008 12:46 PM:It's funny how so many want the OPD and the DA to be forthcoming, but those same people aren't demanding the same of the "victim." Her attorney wants to see the cars involved and view all of the pictures before he'll allow her to make a statement? Why? So she and her latest attorney can make sure the tale she weaves is consistent with the evidence gathered?

To David wrote on Apr 8, 2008 1:11 PM:As taxpayers, we the members of the public pay the salaries of the OPD and the DA. The OPD and the DA are thus accountable to us for their actions. The woman and the boy are not accountable to the public in the same way that public servants are.

The Punisher wrote on Apr 8, 2008 1:12 PM:If any normal citizen shot at another person they would be sitting in jail. Why isn't this officer sitting in jail like the rest of us would be? Answer that mr Esteban know it all?

esteban wrote on Apr 8, 2008 1:26 PM:Nabetse....ADIOS!!!!! Come back soon, ya hear?

esteban wrote on Apr 8, 2008 1:36 PM:Well punisher, the citizen most likely would be sitting in jail because they were carrying a CCW (assuming he did not have a permit cuz most people don't)...a law violation in CA. The investigating agency would still look at the shooting but would not have to immediately charge the shooter that day. I have heard about cases before where someone was not immediately arrested for a crime, but charged later. ... So bottom line is, would a citizen like us be arrested right away if we did what the ODO did? Answer: Maybe/maybe not...depends. Satisfied? I doubt it.

so important wrote on Apr 8, 2008 1:54 PM:If you all spent more time on solving your own problematic lives, you'd make more sense actually. (me too)....We care so little about our neighbors, our servants and much prefer to think we know all the answers and how OTHERS should behave. Besides blogging here, what else have you done today to make this world a better place for all? (me too)........

i'm always right wrote on Apr 8, 2008 2:14 PM:the problem with law enforcement today is that they treat everybody like there stupid, and they think they are the only smart ones. i hope this case puts law enforcement back in place because i would hate to see another citizen get shot by another off-duty cowboy.

Broken record.... wrote on Apr 8, 2008 2:18 PM:that's what you all are

To - Just Chill! wrote on Apr 8, 2008 2:54 PM:Ok, your first statement - Come on ! Everyone appreciates the police force and understand they put thier life on the line more times than not- We get it!

But by taking such a notable job/title, comes with respecting what you signed up for. Not taking a situation into your own hands of being pissed off! Ok and second of all it is if anyones right to know what happened the targeted party-(mom & son).

3rd I thougth we lived in America where regardless of what your job title is and your OFF duty, then that person should be sitting in jail until charges are appropirately given! The law here is not Rocket Science, so YES WE THE PUBLIC ARE OUTRAGED THAT NOTHING HAS BEEN DONE THE LEGAL WAY!!!

Man pulls off road, man pulls out gun shooting at Mom & Son, 5 TIMES - And NOTHING IS RELEASED YET, oh guess we missed the part that the gunner should be held in jail.

PS So Important: - yes I and others work together in our neighborhood to make sure the city and other groups do not screw up our quality of life, justice and any environmental impacts! And non of us have servants....Peace

Ken wrote on Apr 8, 2008 2:56 PM:The cop is at home watching Jerry Springer until this thing gets setttled, so he is not on the stre ets. In this day in age do you relly think (I use that word losely)the DA, SDPD, & OPD got together looked at everything and decided to cover it up. If it is a cover up where is Jesse Jackson, Al Sharpten, and Gloria Alred?

What wrote on Apr 8, 2008 2:58 PM:I am going to try this again NCT. I have noticed that a lot of bloggers seem to think this ODO was out to murder somebody in cold blood but what seems odd to me if that is the truth then when Mrs. Silva's vehicle came to a stop after backing up why wasn't there more gunfire????

O'side Res wrote on Apr 8, 2008 3:06 PM:This town needs a demonstration, maybe some church or civic leaders, this sitting on your hands stuff is wrong.

Disagree with Esteban wrote on Apr 8, 2008 3:14 PM:A member of the public would likely be facing charges for firing a gun in the direction of an unarmed civilian who posed no threat to the shooter (ie the 8 year old boy). The mere fact that the shooter had a CCW permit would not be an effective defense in this scenario.

To Chill wrote on Apr 8, 2008 3:15 PM:You're preaching to the choir. The rest just don't get it. They all watch too much TV. I'm surprised no one has suggested storming the officer's home, hog tying him and stringing him up, just like in the "old days".

Yes, people, CHILL, let the police do their job. The DA has not filed any charges against anyone yet. Here's how it works.

1. Officer writes report, it goes to his Sgt. to review and sign off.
2. It goes to Investigations (detectives). They investigate, if warranted, it goes to DA. They decide if proscution is in order.

I may not have the sequence down pat, but it is very close to what happens.

This all takes time, doesn't happen in a day or even a week. So bottom line, the public is not entitled to squat until someone is charged and it goes to court or the case is dropped. The Attorney General, the FBI do not get involved. Wait, maybe we should call out the Marines.

To: To Chill wrote on Apr 8, 2008 3:21 PM:To Chill
[-] wrote on Apr 8, 2008 3:15 PM: Yes it works that way unless you are a cop and there is a coverup brewing to save your asset from prosecution. The boys father is a Marine, I think they have been called. All we want is justice.

A Former Resident wrote on Apr 8, 2008 3:30 PM:In response to "So Important" @ 1:54 pm:
You know nothing of the problems or lack of problems in any of our lives. I personally lead a very fufilling, very peaceful and extremely rewarding life. What qualifies you to make a claim that I, as well as the others posting here would "make more sense" if we spent more time working on our "problematic" lives? You ask, what have I done today to make the world a better place for all? I show respect to everyone I encounter, neighbor or servent. And most importantly, I pray. What have you done?

Just Askin' wrote on Apr 8, 2008 3:31 PM:Funny how those of who you are questioning Silva's right to an atty do not criticize Offcr White being appointed a department atty as well as union counsel. I'm sure if she wasn't shot and in need of medical attention, she would have spoken to investigators. AS it was, her young son wasn't as severely injured and he answered questions immediately.

We all know investigations take time. But how long is long enough? One month? Six months? In the Foley case it was a year before the DA decided not to file charges against the Coronado Cop. Considering this cop is receiving his full salary, and that annoying little fact that an innocent child was shot, perhaps this should be TOP priority?

Another day wrote on Apr 8, 2008 4:07 PM:If the good officers want to maintain the respect and support of the community I believe it is time they stand up and be counted, perhaps by taking a day off. Even one officer for every day that White has been sitting at home, perhaps from different departments or divisions, would show the community that you hear us. Not all officers were bad back in the Sagon Penn days, but there were reasons he was acquitted, and those of us that have lived in this area know what we know. Come on U.S. Attorney, start the investigation into a possible cover-up.

resident wrote on Apr 8, 2008 5:12 PM:I for one am going to take matters into my own hands by voting these elected officials out of office in November.

To let any person (regardless if they are off duty or not) walk free after shooting an innocent 8 year old boy shows me they do not have our community in their best interest. Vote people, vote them out!

To Jamie wrote on Apr 8, 2008 5:42 PM:Get real! If the ODO was worried about the child's safety,WHY SHOOT AT HIM????

RS wrote on Apr 8, 2008 5:47 PM:The victim should hire the best lawyer she can as the shooter is doing the same. You can bet top council is being sought across the country to support the officer. The outcome of the case will be one sided if the victim can't get council at the same level of expertise as the shooter.

esteban wrote on Apr 8, 2008 6:06 PM:To "Disagree with esteban"...I never said having a CCW would be a defense. I said that a normal citizen would definately get arrested for CCW violation regardless of whether it was a legit self defense or not. And how do YOU know the woman posed no threat to the ODO? Were you there? That is the crux of this whole thing...we don't know IF or HOW she threatened him to make him shoot!!!! I'm sure he didn't know she was unarmed either. I mean, how do you know someone is unarmed in any given situation? You don't. As I keep saying. Relax, there is NO cover up. Let the cops do their thing and the truth will come out. Maybe the cop will fry, maybe the woman will fry.

PuH-Lease wrote on Apr 8, 2008 6:16 PM:I saw that dude white at the gym off Frazee Rd. Seems to me that he's not to busted up to go about his "PAID vacation"!!!

:et's get rid of all the city council this election the devil we don't know can't be ANY worse than the one's we have now! WE FINALLY NEED A CHANGE!!!

To Resident wrote on Apr 8, 2008 6:23 PM:I hope you realize the ODO works for San Diego and not Oceanside ... There's not much our elected officials in OSide have to say about who works or doesn't work for whatever reason in the city of San Diego.

To RS wrote on Apr 8, 2008 6:24 PM:Just curious but did you read the article and still have questions about her representation?

barney wrote on Apr 8, 2008 8:36 PM: respect PO's and the job they do, but this scenario smells very bad. In fact it stinks, and I think they (Our City Officials) are going to do all they can to wait until our notoriously short attention spans are diverted and the public (us) becomes disinterested in this topic. Don't let that happen, keep blogging, keep talking, keep baiting that esteban guy, and arguing, whatever it takes to not lose focus from this travesty.
On another note, I thought it was timber workers, fisherman, commercial divers, construction workers, etc. who had far more dangerous jobs then the police, but then maybe all those stats are wrong. Lets face it we all face danger at times, and we all have the opportunity to act as cowards or heroes during our lives. I would hope those suggesting the public should bow down and give deference to LE because we are too simple or weak or unwilling to face the danger of their job, would please tone that rhetoric down. The public you are entrusted to protect and serve is made up off many heroic courageous and intelligent people, who deserve to be treated with more respect then we are getting. And more answers

to esteban wrote on Apr 8, 2008 8:50 PM:A CCW permit only applies to a person who is carrying a firearm. A CCW permit is of no help to a person who fires his weapon in the direction of an unarmed person who poses no threat to him. An ordinary citizen holding a CCW permit would be charged given the facts here. The officer fired his service revolver in the direction of an unarmed 8 year old boy who posed no threat to the officer. Since the boy was not a threat to the officer, shooting the boy was unjustified and reckless. An ordinary citizen, even an oridnary citizen possessing a CCW permit, would be facing charges for auch and unjuustified and reckless act. If it can be proved that the woman was truly a threat to the officer, this would be a mitigating factor taken into account at sentencing and potentially could result in reduced jail time, probation, etc. But the point is that an ordinary citizen, even an ordinary citizen holding a CCW permit, would be charged if he engaged in similar conduct.

Jeff wrote on Apr 8, 2008 8:55 PM:To: To RS.

Don't sweat this guy. This is just one more example of some person vomiting up yet another opinion based on hearsay and emotion. This phenomenon is very prevalent on NCT blogs as I have come to realize. Some people read an article, form an opinion, and then express it. I'm cool with that as everyone is entitled to an opinion. Then there are the other, more common types. LOL at people in general.

Why keep changing?? wrote on Apr 8, 2008 8:58 PM:This incident happened just under one month ago and the woman is now being advised by her third attorney. First, she hired John "Jack" Phillips (the attorney that represented Charger linebacker Steve Foley when he was shot by an off duty Coronado policeman), next she hired Gene Iredale, and now Michael Pancer. I know Iredale is representing the son now but there's more to this story than is being reported. Why are these attornies continuing to jump off this case??

To: 6:06PM wrote on Apr 8, 2008 9:21 PM:"Relax,there is no cover up." How do you know? Were you there during closed door strtegty meetings? Well tell us, How do you know for sure there is no cover up? How do you know there were no strtegty meetings?

Ill react too wrote on Apr 9, 2008 4:27 AM:Do any of the posters here realize that most, if not all, of the thoughts expressed here are completely discounted because they are so reactionary and not a one is based in any kind of fact? It's emotional spew.

So, since everyone else is reacting, I've got a scenario to present that I havent seen anyone present. Last week, there was a "leak" in the department that let slip that according to 911 tapes, the ODO was the one that cut off Ms. Silva. There was no mention of what "cut off" entailed (I admit it, I know I have accidentally cut people off before) so reckless driving could have been involved, or it could have been a simple mistake). Either way, following the details that we HAVE been given, the driver of the car that was cut off followed/pursued the other driver to the parking lot that night. It would be interesting to find out what the distance of that pursute was. Regardless, that means that the ODO, with his wife in the car, was now being followed by another driver. He probably should have headed for a police or CHP station, but he chose to stop in a busy parking lot, maybe believing it would make him safer from an agressive driver. At some point, there must have been a verbal exchange, based on the emotions that would have been involved at the time, probably a heated verbal exchange. So now you have an ODO who has been followed by another driver...if that was me, that in itself would be enough to make me fear for my life....in a parking lot, probably yelling at each other. I wonder what was said? Were any threats communicated by either side? Did anybody exit their cars and move towards the other? It was late, which means it was dark. Assuming that neither the ODO nor Ms Silva illuminated their interior dome lights but they both probably were facing towards each other with headlights still on (blinding anyone attempting to look into the car), that would mean that the interior of both cars would have been completely invisible to the other. Neither knew who or what was in the other car. I do know that if this was me...if I had another driver follow me (I am assuming agressively, but I could be wrong on that) into a parking lot and engage in either a shouting match or just sit in their car facing me, and I had no way of knowing who or what was inside that car, I would be fearing for my health at a minimum...my life would sure come to mind.

I know many of you will argue what I have said, but one thing I WOULD like to point out is that even with my scenario, there are MANY questions which can only be answered through investigation from the entire trail of events. Who cut who off? What was the nature of it (intentional aggressive driving v. unintentional occurance)? Who followed who? What was the nature of that follow and for how far? Was it reckless and aggressive following, or conducted at a safe speed and distance? What happened in the parking lot when they arrived? Were threats communicated? Did the ODO have any reasonable way of ascertaining the occupants of the car? Did he identify himself as a PO and provide clear directions to de-escelate the situation? If that did occur, did Ms. Silva comply?

This is an investigation that could have stretched many miles involving tens, if not hundreds of witnesses at various stages to be sought out, interviewed and documented. The more I think about this, the more it strikes me that I cannot believe there is such a "cover up" outcry after only 3 weeks? Not everything in life is completed within a one hour episode of CSI.

IF the ODO is found to have acted without cause, the appropriate government agencies will undoubtedly want to document in even MORE detail the events since they know they will have to make a determination of how much restitution would be due to the victims. IF Ms Silva is found to be at fault, they will undoubtedly want to ensure they have thorough, irrefutable, untained evidence to take to trial since the public will scream "cover up", even if there isnt one.

Two things I have realized while writting this. 1) I dont envy the DA who ends up taking this on, regardless of which party is found at fault. 2) This is probably WAY too long to ever make it onto the board!

Too Sleepless in Oceanside wrote on Apr 9, 2008 7:11 AM:I agree with your number 2 in the last sentence you posted. My goodness you do need some rest.

esteban wrote on Apr 9, 2008 7:22 AM:To "to esteban at 8:50"...I'll try again. Right, if a person with a CCW recklessly fires at someone, they will most likely be chrged accordingly. My point is, that they do not have to necessarily get charged that day. Every day, cases go to the DA for review for potential prosecution, before an arrest is made. It's not uncommon. Now another point, sure anyone could get charged for firing recklessly with no just cause. But again, that is the whole argument here. We don't know IF he had just cause or not!!!! That is where people are jumping to conclusions...including you! If it it found that the woman posed no threat and he opened fire, he is in trouble. If it is found she tried to run him over, he could use self defense. I highly doubt he either: a) knew there was a boy in the car, or b) he intentionally tried to KILL the boy. Make sense?

esteban wrote on Apr 9, 2008 7:24 AM:To "to 6:06"....ok, on the flip side, How do you know there IS a cover up???? How do you know there were strategy meetings (whatever that is)?

eteban wrote on Apr 9, 2008 8:01 AM:Orange County has the best run jail in the country..... The grand jury transcripts are lies.... there is no cover up there either.

CCW wrote on Apr 9, 2008 8:10 AM:The problem with the CCW related comments is that two points are seemingly overlooked. First, with less than 1600 CCW permits issued in the county, a number that has been decreasing under Sheriff Kolender while the population of the county has been increasing, private citizens will typically will unarmed in public. Off-duty officers on the other hand will almost always be armed when in public. Second a CCW holder that opens fire on an unarmed person IN PUBLIC is not going to have a leg to stand on except in the case of disparate force, and the CCW holder not being able to flee the threat. So barring those conditions being met you can bet they would have been arrested that evening.

Ben @ 6:06PM wrote on Apr 9, 2008 8:17 AM:esteban @7:24AM, Typical first grade, first year rookie Flip answer to my question for you, And by the way, the same question that you have as the foundation for your waite and see argument. "How do you know?" was MY question to you, You don't have an answer so you turn it around, Also, don't play dumb with that (whatever that is)? response. unless you really are? How do I know you are not?

esteban wrote on Apr 9, 2008 8:34 AM:To CCW...so if we know that less than 1600 CCW's are issued, are we to assume the every regular Joe or Silva is unarmed just because they don't have a permit? Nice logic. To Ben, I'll give you this...I do feel dumb for even responding to your ignorant post. Sorry, that won't happen again.

To Alf wrote on Apr 9, 2008 8:41 AM:Alf I respect most of your comments but for the love of God, what does Bush have to do with the OPD or this article. And for the haters I try to read all comments even if I don't like or agree with them. Open mind is the key for great dialogue.

Matt wrote on Apr 9, 2008 8:46 AM:Just like most things in the news, the longer OPD sits on this and the less coverage it gets, it will disappear inot the depths of journalism la-la land until it goes to trail......If it goes to trail!

Umm wrote on Apr 9, 2008 8:46 AM:Are the Fuhbee guys on their way here yet?

esteban wrote on Apr 9, 2008 8:50 AM:I'm starting to think Alf hates the dubya....

To esteban wrote on Apr 9, 2008 9:03 AM:CCW should also have mentioned that the Sheriff’s policy disallows self-defense as a basis for a private citizen to request a CCW, yet the police readily run to that reason for them to carry off-duty. As far as his logic, I’d say it makes sense.

Ben wrote on Apr 9, 2008 9:15 AM:esteban,"ignorant post" Another cookie cutter answer from your small arsenal of quips. How do you know? It's your question, Stop dodging it.

Nobody died wrote on Apr 9, 2008 9:35 AM:Everybody needs to relax. This case is too high profile for any shenanagins. You`ll get your answers soon enough. Now for more important issues. How will AJ Smith & the Chargers work their magic in this months draft. Personally I think there`ll be some trades made possibly trading down to the 2nd round .

TheGunny wrote on Apr 9, 2008 10:09 AM:The sky is falling, the sky is falling, there's a cover up, there's a cover up!!!
Jeez, people, don't believe all the hype Iredale feeds you. You are becoming the victims of a carefully conducted scheme to sympathize for his client, who has placed her child in harm's way once before (DUI traffic colission).
Patience is a virtue.

esteban wrote on Apr 9, 2008 10:13 AM:I know there is no cover up because I use common sense when I reason. Are you telling me that the entire OPD and SDPD investigative staff, along with several members of the DA's office are getting together to try and figure out how to screw a "rogue cop" (if that's what he is)?!??!?! Come on, get real!!!! I bet you think OJ was a cover up too.

to esteban wrote on Apr 9, 2008 10:22 AM:The OPD and the DA have had enough time to investigate. Your assumption is that the 8 year old boy was silent during the entire time of the incident. In fact, the complaint filed on the boy's behalf says the boy, just prior to the first shot, shouted out a frantic warning to his mother that the man, who later turned out to be an officer, was armed. Lets for arguments sake assume the boy's allegations are true. Since words were exchanged, the officer was within earshot of the woman. The officer also probably heard the screams of the frantic young boy coming out of the dark car. Under this set of facts, the officer would have been on notice about the presence of the young boy. Nevertheless, the officer went ahead and fired his weapon into a dark car which was occupied by a terrified young boy who was screaming for his life. This is criminally reckless behavior and the officer should have been charged by now.

confused wrote on Apr 9, 2008 10:55 AM:if white said silva tried to run him over with her car wouldn't she be arrested immediately for assault with deadly weapon? i don't get it. he could put her under citizens arrest if anything. if she blew positive for alcohol wouldn't they arrest her immediately? i thought that is how things work. even if the police thought she was driving under the influence wouldn't they arrest her for that? i don't get it.

confused wrote on Apr 9, 2008 10:57 AM:if white said silva tried to run him over with her car wouldn't she be arrested immediately for assault with deadly weapon? i don't get it. he could put her under citizens arrest if anything. if she blew positive for alcohol wouldn't they arrest her immediately? even if they suspected her to be under the influence of drugs wouldn't she be arrested immediately? i thought that is how things work. i don't get it.

dui wrote on Apr 9, 2008 11:02 AM:if the police thought she was dui wouldn't an arrest be made immediately. either she showed signs of dui in which case she should have been arrested or they tested her because of her priors. either way, she should have been arrested for dui if she was showing signs of dui. thats how the police normally do things. i think its weird that they bring this her past up, paint a negative image but are yet to charge her with dui.

Louise wrote on Apr 9, 2008 11:03 AM:I'd be willing to speculate that the whole confrontation started because the ODO believed the child was in danger.

So to protect him - the ODO shot him in the leg?

get a life wrote on Apr 9, 2008 11:22 AM:All of you need to get a life or a job. Most police officers are great people with tough jobs. Yes, there are always a few bad ones in the bunch just like at any profession. You all sit there and whine and complain but I am sure that you would call 911 if you were being attacked or robbed. Give me a break. These guys do a great job! Don't make blanket statements because of this incident. Thank you officers for doing a thankless job. Don't listen to the people on this board because everyone I know respects the police. These are just the usual bitter bloggers that have nothing better to do.

To get a life wrote on Apr 9, 2008 12:41 PM:If you rely on calling 911 when you are being attacked you will probably not survive. The police have no responsibility to respond to your individual call; I am sure they will do their best, but unless you take measures for your own security you are fool. Having a few bad apples on any force is not the same as any other profession having a some bad apples, officers have a lot of authority and are armed, and from the looks of this case will cover for a brother officer to a considerable degree. Having said that, I think highly of the OPD patrol officers, and I don’t want the sheriffs in Oceanside. However, it has been almost four weeks and still the deaf mute act continues.

cm wrote on Apr 9, 2008 1:39 PM:When will the toxicology report be available on the officer. After all what is good for one is for the other.

The Wizard of Oz wrote on Apr 9, 2008 2:55 PM:I agree with get a life, every profession has bad apples. From cops to teachers, but you still must wait for the investigation to finish. Why is it assumed that ENOUGH time has pasted in this investigation? Have any of YOU conducted a shooting investigation? Please come forward with your insights if you have, if not suck it up and wait like the rest of us and stop spewing your uneducated blogs.

O'side Res wrote on Apr 9, 2008 3:05 PM:I hope I live long enough to see this thing settled, and I also hope I get to see Esteban eat a bunch of crow.

To Get a LIfe wrote on Apr 9, 2008 3:11 PM:by the time your attacked or robbed, it is way too late to call 911. Law enforcement can't be every where at all times.

Ben - 2ed Attempt to post wrote on Apr 9, 2008 3:51 PM:esteban, Am I to guess your 10:13AM post is your response to my 9:15AM question?, If so, Then when did I ever say there was a " Cover up"? All I ever asked you was "How do you know there was NOT"?!?!?!?, Using "common sense" to reason is not an acceptable answer, It does not replace fact or knowledge regarding the facts, It is ONLY your opinion, Stop dodging the question, You said it, I want to know, How do you know there was not a cover up?!?!?!? and the only OJ I care about comes from oranges. What's your point?

Paul wrote on Apr 9, 2008 4:23 PM:Interesting that the news media outlets have petitioned the courts to release the results of the search warrants that were issued. They were sealed by two different judges. The attorney for Silva is also asking for them to be released.

Jerry wrote on Apr 9, 2008 4:45 PM:The police investigating the police is one of the most retarded functions in government. Look into how a cop gets assigned to Internal Affairs, and the assignments they get after IA, what a joke. An 8 year old child is shot by a cop, and the only thing the police can do is stall for more time to figure out a better story to justify it.

Could it be... wrote on Apr 9, 2008 4:47 PM:The Wizard of Oz and Esteban are the same person? Hmmm They both have the equal sarcasm!!!

Gee wrote on Apr 9, 2008 4:53 PM:If they took away a cops off duty gun, they would be on the streets with the criminals without a gun, just like the rest of us. Guess that would make them sheepolice... They can call their buddies on a cell phone, just like we have to do.

Temecula Resident wrote on Apr 9, 2008 5:25 PM:It is absurd that the internal affairs department of the police investigate the police. Huh? Kind of like 1st graders correcting each others test. "You got an A" Only the said part is, if O'side shooting or Temec shootings is deemed justified, police will never have to release the results of their investigation. Only in civil court will we probably hear what happened.

Sam wrote on Apr 9, 2008 5:50 PM:Gee....

And when an off duty cop sees your kid being kidnapped, your mother being robbed, your school being shot up by a crazed killer...that off duty cop can sit there and call 911 and wait... instead of taking action to eliminate the threat and save your relative.

Sounds good to me... Take away all the cops guns. Even better ... lets fire all the cops... We don't need them...

You can call your local gangster or thief or child molestor for help...

The anti cop bloggers are lunatics... They are the same ones saying hang this guy without knowing the FACTS!

If this guy was your relative would you want the OPD supplying all the facts to the press as they were obtained? I think not.

The OPD is acting very prudently. If you believe what's in the newspapers and what defense attorneys spout, you need to apply for a new brain.

to sam wrote on Apr 9, 2008 6:08 PM:This incident did not involve a kid being kidnapped, a mother being robbed, or a school being shot up by a crazed killer. This incident involves an off duty police officer shooting in the direction of an unarmed terrified 8 year old boy who says he was screaming at the time. Of course police officers perform an important function in society. Nevertheless, police officers should be held accountable to follow the rule of law just like ordinary citizens are required to do. Police officers must also be held accountable to follow their own department policy in the proper use of firearms, especially when they are off duty.

esteban wrote on Apr 9, 2008 6:20 PM:Oside res, I tried to respond to you, but the NCT moderator has it in for me. Why would I eat crow? Have I given a verdict yet? Nope. Check all my past comments.

Glad I Don't Live in O'Side wrote on Apr 9, 2008 6:23 PM:To Sam and his ilk; You sound pretty worked up over this Sam. You don't seem to like all the speculation surrounding the incident, especially by a bunch of people who don't know the facts. Maybe they would not resort to all this finger pointing at the SDPD officer, if the "invesigators" (and I use that term while chuckling)would hold a news conference and throw the public a bone. But, no ..... nothing from OPD, nothing. So Sam, the public is free to speculate away.

Grump wrote on Apr 9, 2008 6:29 PM:I agree with Old News...this is old news.

The attorney switch wrote on Apr 9, 2008 6:56 PM:Why did she get a new attorney and he is now representing her 8 child? Sounds like he realized that the mom was in the wrong, the kid was the accidental bystander and that was where he might be able to get some money!

Sam wrote on Apr 9, 2008 7:06 PM:To Sam...

Your are very right. YOU are SPECULATING... because NO ONE knows the FACTS because they are still under investigation. Soooo SPECULATE all you want... Just shows how ignorant those who speculate are.

A court room is the place for the facts to be disbursed ... not your local RAG newspapers.

RG wrote on Apr 9, 2008 7:20 PM:The outburst by Sam at 5:50 is a good example why we need to put policies in place to limit the carrying of guns by off-duty police. This out-of-control mentality is the very reason off-duty cops get into trouble more often than get people out. These people can't see the difference between on-duty police work and off-duty road rage craziness. And his comment that if you disagree with him you need a new brain? Brilliant remark by someone with a gun and an attitude. Thankfully, most cops are more mature. It's time to get some unbiased investigation into this tragedy.

Sam wrote on Apr 9, 2008 7:20 PM:To: Glad You Don't Live in O side:

What makes you think you ...Joe Public... are ENTITLED to a "BONE?"

If you had a brain you would know that CRIMINAL INVESTIGATIONS are by Law ..."CONFIDENTIAL". You Joe Public have no right to any information re: a criminal investigation. Check it out and get back to me. The agencies supply what they decide to supply to the press as a Courtesy. There is no law requiring the investigators to talk to the media, disclose the evidence, their sources, witness statements or lab results... or an update. Smart LE agencies only release information when it will benefit the investigation and not hamper it.

So when you finally realize that.. and that OPD is acting in the best interest of the investigation... you can sit back and wait for the next court hearing.... where that information is required to be released.

to to sam wrote on Apr 9, 2008 7:28 PM:This incident involve more than just an off duty police officer. It also involve an irresponsible mother who decided to put her 8 y/o in harm's way over some stupid road rage incident. Before you laid all the blame on the cop, let's think about it, if Silva would have not followed White to the parking lot this whole incident would have been avoided. Yes I agreed Police officer should be held accountable, but irresponsible parents should be too.

To Sam wrote on Apr 9, 2008 8:42 PM:So if more upstanding citizens had ccw permits(lots of former military with lots of training in our county) maybe WE could prevent all the horrendous things that happen in your world.... or the wolves would think twice before attacking armed sheep... But the Top Cop, the Sheriff, doesnt see it that way... doesnt want well trained armed sheep running around, one of them might see a sheep dog attacking a lamb and fix the problem.

to: to to sam wrote on Apr 9, 2008 8:46 PM:Or the Cop could not have shot 2 people, one of them an 8 year old... the trained professional could have acted as a trained professional, and all this would have been avoided.

Barney wrote on Apr 9, 2008 8:54 PM:Why does John Q need a bone?
Because LE is investigating one of it's own, and historically this is a bad thing.
Because of how differently this case is being handled when compared with any similar case not involving an LEO
Because OD shootings in public areas involving things like alcohol, rage, and potentially poor judgement, seem to be getting rather frequent.
Because if our public servants and officials do not function properly it is ultimately our civic duty to voice our discontent and vote accordingly

This is the USA it is our duty as the public to pay attention to how things are being done, so please stop referring to the public as "simple", "paranoid", "sheep" etc. It sounds very fascist.

Here's my ignorant... wrote on Apr 9, 2008 10:13 PM:two cents worth. This whole case involves two hot-head idiots, except the one idiot had a gun and the other idiot had a child in the car.

Todd wrote on Apr 9, 2008 10:20 PM:The media doesn't need to know anything. The public doesn't need to know anything. Shut your mouth and do what the police tell you to do.

Barney wrote on Apr 9, 2008 10:48 PM:Geee..... OK Todd.... do you pack off duty as well?

Ben wrote on Apr 9, 2008 11:10 PM:Predictabel move on your part esteban, Duck and cover to avoid the question. No suprise!!!

to Todd wrote on Apr 10, 2008 9:23 AM:maybe is some other country!

but here in America we have the right to know, and we have the right to question authority.

To: Could it be... 4/9@4:47PM wrote on Apr 10, 2008 1:31 PM:According to Alf on another blog, We read that he is going away for a day or two. Hmmm, Let's see now, As of 1:30PM. Alf quiet today,OK, The Wiz quit today,Not normal, And esteban who has nothing new to add anyway, but never the less a(no show). You maybe on to something!!!!