Not Surprised wrote on Apr 14, 2008 11:55 AM:Charge her appropriately and will someone please get her children more responsible supervision!?! But that still doesn't mean Officer White had the right to shoot. DUI, while a terrible crime, is not a capital crime. He also needs to be held accountable for that. Once again I say ... punish them both and give the kid to the dad.

Ed wrote on Apr 14, 2008 11:58 AM:Well now, the truth is finally starting to come out. Another crazed maniac attacking someone who turns out to be an off-duty police officer. Funny how angelic people come across until the truth starts to paint the real picture. No wonder she has gone through so many lawyers and has refused to give a statement to police.

Avg Joe wrote on Apr 14, 2008 12:17 PM:So what do the OPD bashers have to say now?

Citizen X wrote on Apr 14, 2008 12:19 PM:Well now, this information certainly adds a lot of new wrinkles to the story. Obviously Ms. Silva is a just a model mother out for a drive minding her own business when this "rogue" officer shot her for no reason at all. Can't wait to see how the "rogue cop" crowd spins this one. By the way, this is the second documented case of this woman driving druink with her child in the car. Where's CPS?

Skip wrote on Apr 14, 2008 12:26 PM:Marijuana makes people more aggressive? Something doesn't add up.

smell-a-rat wrote on Apr 14, 2008 12:26 PM:Not looking good for this mother of the year ...

Cali wrote on Apr 14, 2008 12:33 PM:Very interesting! All this has finally come out, as to who the aggressor really was. She was drunk and high, with her child in the car, driving on a suspended license. Sounds like someone was definitely in the wrong, and it wasn't the ODO. Aggressive behavior behind the wheel of a vehicle, with dark tinted windows (per other reports) would make me think this is someone who may be affiliated with a gang and I would fear for my life and those of my passengers.

Officer White did the right thing. He has the authority to as a sworn officer of the law.

I am not buying the bill of goods!!! wrote on Apr 14, 2008 12:36 PM:Oh please was her son drunk too. Why did this ODO shoot at her son? There is no excuse big enough for me to feel that this ODO acted rationally. He should be charged also. Funny how we will never know if he was drinking or using marijuana, why you ask because the ODO was NOT tested. Please this is getting more ridiculous as law enforcement attempt to change the facts to make this officer seem innocent.

Silva..... wrote on Apr 14, 2008 12:36 PM:A deranged woman with more than one or two problems.....victim my eye!!

skeezer wrote on Apr 14, 2008 12:39 PM:Just because you ARE blasted, doesn't always mean you SHOULD be blasted.

Sonny L wrote on Apr 14, 2008 12:40 PM:So the woman was behind the wheel drunk and probably high with her 8 year old son in the car. Wonderful! Maybe Mrs Silva can come to her senses drop the lawsuits and learn from the situation. It looks like she needs to change her lifestyle and this experience should make that very clear.

Peter wrote on Apr 14, 2008 12:40 PM:So the White supporters now have more ammunition to paint Silva as deserving of her injuries, but we will never know if White was under the influence since he WASN’T tested. When the investigation started OPD put out that it may take a while since nobody seems to have seen what happened and that they would have to rely on video from Lowes. However, there doesn’t seem to have been a shortage of people providing observations on which to base a search warrant for Silva’s blood work. Furthermore, the Lowes video seems to be MIA. Also, it now seems that when she pulled up next to White it was close enough that he could not exit his vehicle, so what’s to say White didn’t sideswipe Silva as he allegedly backed up? Plus, if he was that close and their windows were lowered while they exchanged words, how could he have not seen her child?

Question wrote on Apr 14, 2008 12:44 PM:Why would any reports on this matter, have to wait for warrents? What about the medical records, the mother and son were shot and I am sure treated at a hospital. When your admitted to the ER most all cases have blood drawn wouldn't these substances also show in the drivers system, rather waiting for search warrents? OR were the search warrents for the medical records? Please anyone help answer these questions?

sheila b. wrote on Apr 14, 2008 12:46 PM:Yep, I knew it. Now the truth is coming out. My husband is a police officer and if this woman did this to my husband I would expected him to do the same thing as White. This woman is a drunk, a druggie, and is crazy. I cannot believe that she would put her child in danger by drinking and driving. They should remove those childredn immediately. Unbelievable..

Concerned-1 wrote on Apr 14, 2008 12:49 PM:Good. There is more information coming out. I agree with Silva's attorney that the 9-1-1 tapes could provide a good record of the incident. Let the cards fall where they fall and the truth prevail.

Scott wrote on Apr 14, 2008 12:50 PM:BAC of 2x the legal limit, drug perifenalia in her pocket, suspended license, road raging, tail gating, and all with her 8 year old son in the passenger seat. It still looks like this cop was too quick to pull the trigger, at the same time, I am sure glad this lady is off the roads.

esteban wrote on Apr 14, 2008 12:51 PM:Well now....DUI is not a capital crime, but trying to ram someone with your car is. So shall I start warming up that crow "Brian", "Oside resident"?

To not surprised.. wrote on Apr 14, 2008 12:53 PM:Excuuuuuuuuuuuse me? He did not have a right to shoot!!!!! You have got to be kidding me! She just happen to choose the wrong person to mess with. He was an ODPO and was being attacked by this drunk woman. In fact..he probably couldn't even see who was in the car and if there was anyone else in the car??? I would definately feel like my life was in danger and I would have done the same. It's easy for you to sit in your chair in front of the computer and say "well....he just shouldn't have done that". I have a feeling if you were an ODPO, you would have done the same thing.

No Spin wrote on Apr 14, 2008 12:59 PM:There is nothing to spin. With such a recently frequent DUI history, did anyone really think she was sober? Take away her right to drive for sure. Even put her in jail if that's the appropriate punishment for a third DUI. And get CPS involved for the benefit of the children right away! But none of that amounts to it being acceptable for an ODO to brandish a weapon and start shooting. He had just as much opportunity to handle this situation in a way that didn't amount to people getting shot. My stance continues to be that they were both wrong ... the only innocent here is the kid.

Mark wrote on Apr 14, 2008 1:00 PM:Rachel Silva should never be allowed to drive, or have custody of her child again, this much is clear. HOWEVER, was a public shooting justified by Frank White? He was responding to a crazed driver, not unlike most of us who commute daily on San Diego roads. For a comparison, if I offended someone on the highway and they responded in a threatening manner by bumping my car and then following me home, would I be justified in shooting them. If an automobile accident is now a reasonable excuse for shooting up another vehicle, then I think I'll get off the roads and use the Sprinter.

Attention...... wrote on Apr 14, 2008 1:10 PM:Does this article help explain why Silva is now on her third attorney? The first lawyer just saw the facts and bailed, the second lawyer saw the facts and decided he had a better chance of winning by representing the son...the third lawyer is hoping that the jury is made up of some of the cop hating bloggers that appear after every article is written that involves a policeman. This woman has a problem...and it's not the cops' fault!

Not Surprised wrote on Apr 14, 2008 1:11 PM:To 12:53 ... No, I'm not kidding. There are a variety of different ways this situation could have been handled that did not involve gunfire. Police had already been called twice and, therefore, should have already been on the way. As far as what I would have done ... it's always easy to Monday morning quarterback someone else's actions, but I would have sat in my car and let her hit me. The cops are on the way. I'm sure I would have already gotten the license plate number. Beyond that, I'm insured. I also don't feel that anyone whose first response to a traffic altercation is to brandish a weapon has any business being a LEO. To me that shows very distinct signs of someone who also can't control himself. I'm beyond glad this woman is off the road (hopefully for good this time), but that in no way justifies the shoot.

esteban wrote on Apr 14, 2008 1:13 PM:Bill of goods writes..."There is no excuse big enough for me to feel that this ODO acted rationally." I think that line about sums it up for most of the anticops....no matter the facts!

Victoria wrote on Apr 14, 2008 1:17 PM:So, was the kid "intoxicated and high" too? What did he do to ask for an officer to draw his weapon on him? I do believe we are forgetting the innocent victim in the car, an 8 year old boy. What if he had taken a shot to the head? What would be the situation then??
And again, Mr. Officer, did they not teach "tuck and roll" in the academy? Even "if" she was trying to do him harm by running the officer over, I would think that all other options to protect himself should have been taken prior to discharging a "deadly" weapon. With special consideration taken to the child in the car.

2 Wrongs do Not make A Right wrote on Apr 14, 2008 1:18 PM:To the Lady who writes If it was my husband I would expect him to do the same thing. - You must be a women who also believes in the death sentence, but also believes in god- Lady Please- no matter what this lady-mother is She needs help for alcohol, and drug abuse- Not Someone just cause they are a cop to SHOOT AT HER & HER 8 YEAR OLD SON-
HE HAD NO RIGHTS TO SHOOT 5 TIMES LIKE HE DID! SHE HAD NO RIGHT DRIVING UNDER THE INFLUENCE EITHER WITH HER & HER SON-
So if these are the truths then ALL PARTIES NEED TO FOLLOW RULES & MORALS...NOT TO PUT ANY INNOCENT PARTY IN DANGER and then BOTH Parties since they both seem to have ISSUES not suitable to be in Public - Need HELP! Not Condemning! THIS IS HOW WE HAVE SO MUCH HATE IN THE WORLD- PEACE TO YOU LADY WHO Thinks hopes her husband would have done the same- Oh and you need help too. "An Eye for An Eye will make our World Blind"

to not surprised.. wrote on Apr 14, 2008 1:20 PM:yeah right....you would have just sat in your car. He is 100% justified. There is a group of you who will never be satisfied. What about her? Prior DUI's, drinking and driving again with child in car (second time)..hmm.if she would have killed your family while out drinking and driving you would have been yelling for an ODPO to shoot her then! If it was 9:30 at night and someone was sideswiping my car and acting crazy, I would shoot too. He didn't know if she was armed, and was not taking the chance.

crazy Indan wrote on Apr 14, 2008 1:27 PM:to all those cop bashers.
would you like a side order of frys with your crow. the truth is coming to light. the cjild should be removed from her custody.

max wrote on Apr 14, 2008 1:41 PM:really can't figure out why everyone's so polarized on this issue. You have the cop-lovers bashing the cop haters, and virsa-visa, with teasing and mocking. Just makes everyone look bad.
Looks to me like there are no good guys in this case. Can't see any reason why he should have fired, can't see why she would have been driving.
I mean, don't stop making fun of eachother, but it just makes both sides look sheepish.

Anwser to Skip wrote on Apr 14, 2008 1:42 PM:No pot does not make people aggressive. It`s the legal drug alcohol that made Ms. Silva aggressive . All pot does is cause a relaxing feeling along with an increased appetite for cookies and milk.

Chester wrote on Apr 14, 2008 1:42 PM:When are they going to charge the shooter (i.e., the ex-police officer)? Or, at least explain why he has not been charged yet. Or, are we now allowed to shoot drunk/aggressive drivers?

BaZooKaaaa wrote on Apr 14, 2008 1:42 PM:Yo, Kid in the back while the mother puffing that smoke....No good. .15!!!! Cop shouldn't have shot 5 times. Take the kid somwhere else, make the mom go to rehab and then drop all the charges.

Oh Yeah? wrote on Apr 14, 2008 1:48 PM:And why wasn't the cop tested for drugs and alchohol as well? He's the one shooting into a car with a child present. Drunk or not, you or I would still face time behind bars if we fired a gun under these circumstances, but not an OFF-DUTY cop who acted out of anger.

Unfit wrote on Apr 14, 2008 1:50 PM:Ok, Silva’s not Mother of the Year. She doesn’t deserve to drive. She probably doesn’t deserve to keep her children, only time will tell. What does that have to do with the actions of White?

People are missing the point by making this a take side’s issue! Take White’s actions into account. The only justifiable excuse I can see from available information is if he couldn’t see inside her car and he was in fear of his and or his wife’s life. Silva’s windows were tinted, but her son could see through them to notice White had a gun.

White, on the other hand, didn’t observe the situation. Shouldn’t he be trained to observe, assess and act above a normal level? Either White was so enraged that he was oblivious to the obvious (Silva’s son in the car), or he couldn’t properly assess and react because he was scared beyond his capacity to do his job. Take your pick, a hothead or a coward with a gun. Who do you want “protecting” you?

the real vicitum wrote on Apr 14, 2008 1:54 PM:I think the real vicitum is neither that mother or the cop it's that poor little boy who could have lost his life because two people who made poor choices!

to 2 wrongs don't make a right wrote on Apr 14, 2008 1:58 PM:Chill out...before you have a heart attack. And yes...I do believe in the death penalty and I do believe in God. :)

Rational Thoughts wrote on Apr 14, 2008 2:34 PM:The woman is clearly wrong to have been driving with her child while under the influence of multiple substances. She should not be near her child for a LONG time. Appropriate charges need to be brought upon her. The cop who shot her should also have charges brought up for his behavior, because he was not on duty and was just a citizen. If any of US had done this, we would have been in big trouble.
I was followed home once by a crazy person, and rather than shoot them, I had them follow and harrass me all the way to the police station parking lot WHILE I was calling them. GUESS WHAT? That person sped away when he realized where we had driven to. Shooting is NOT the answer. That should not even be an argument on this board.

It will happen wrote on Apr 14, 2008 2:44 PM:Graves in Murrieta got lucky... he didnt hit anyone... but it will happen... and when it does, then people will wake up to whats happening... give it time, there will be a sympathetic victim, probably sooner than later.

Mark wrote on Apr 14, 2008 2:47 PM:Rachel Silva could drink til her blood alcohol content was .99, drive her car right into your living room and California LAW would still not allow you to shoot her. Protecting property does NOT justify the use of deadly force in this state. If the officer's car is only slightly dented / scratched, the Silva family just won the lottery.

To Sheila B wrote on Apr 14, 2008 3:00 PM:Sorry, sister, but you got it wrong. Your husband, being the good cop that he is, would have shown her his badge first. Your husband, the good cop that he is, would probably have chosen to use evasive driving techniques learned at the acadamy in order to not put you, his loving wife, in any more danger. Your husband, the good cop that he is, would most likely have done anything and everything before using his gun because your husband, the good cop that he is, was trained to always consider his gun as a last resort. God and the death penalty have nothing to do with it! I know a fair amount of cops, and to a "T" they're all scratching their heads on this one. They are understandably staying very quiet, but privately they have as many questions as the rest of us.

To esteban @ 12:51PM wrote on Apr 14, 2008 3:04 PM:Eat it cold for all we care esssstebaaan!!!! - This is far from over, You know it and yet you are already making a judgment, Hypocrites like you are a dime, Oops inflation, nickel a dozen. Sad to be you.

Lady who believes in IN 2 Wrongs Make a Right wrote on Apr 14, 2008 3:08 PM:Sorry if you thought I was yelling, I just like to make the writing more visible. Anyhow I am very healthy thank you.

I just really find it hard to understand if you believe in the Lord how are you also one to point fingers to judge? No I will never let my words be silent. I just don't see how the death penalty and the Lord Mix? I believe in forgiveness- I just hope these two humans find the help from issues that put thier minds where they felt they have to endanger anothers life or themselfs?

Remember the 8 year old ((boy)) both adults are to get help if there is truth with the substance abuse.

I know my husband would be a wise soul and think of a better way to get away from such a situation, not pulling a gun out shooting 5 rounds. Thats what needs to CHILL OUT! The GUN FLINGING IS CRAZY

Mr. Originality wrote on Apr 14, 2008 3:17 PM:Throw the book at her.

The citizens of Oceanside and San Diego should sue Rachel Silva for waisting their tax money on her frivolous suit.

While they're at it, take the loony lawyers down too.

Olaf wrote on Apr 14, 2008 3:23 PM:All the "I hate police no matter what" people have had a run of the boards. And it seems you still do not want to back off. Maybe you are the reason people feel encouraged, no dare I say, endowed with the right to do drugs, drive drunk, and treat your children the way this lady does/did... stop rebelling against police and stop thinking that everything they do is wrong and corrupt. Start looking at the bad people and open your eyes to who and what your encouraging people to do with your question all police practices. They are there to help us. Maybe not some of you who condon what the bad mother was doing but for the rest of us... good job OPD.

shenanigans wrote on Apr 14, 2008 3:23 PM:get the 911 tapes what happened to discovery?

shenanigans

nanchi wrote on Apr 14, 2008 3:24 PM:An alcohol and drug crazed driver with a suspended license driving her helpless son - put her in jail. Give custody to dad so that she doesn't get to blow her son's settlement on more dope and booze.
The officer did the right thing to stop her from using her car as a deadly weapon. Thank God the boy wasn't killed.

Jeff wrote on Apr 14, 2008 3:32 PM:As I believe has been previosly explained, the cop was not tested because he did not exhibit any objective signs and symptoms of being under the influence of anything. Silva apparantly smelled like booze so she was tested. Why is there som many questions about this?

To Jeff wrote on Apr 14, 2008 3:40 PM:Because it is beyond all comprehension why he wouldn't have been tested. After all, if brandishing & firing a weapon in public isn't enough probable cause to suggest someone might not be acting in their right mind then what is? Aside from that, just imagine all the questions they could have quieted by just doing something so simply automatically. If I were White, and I knew I was sober, I would have volunteered my blood immediately. The fact that it didn't happen means there will always be at least one unanswered question ... and it's a doozy of a question too!

To MR. Orginiality wrote on Apr 14, 2008 3:46 PM:I am from Oceanside and would like the cops to understand the law better them selfs. Maybe we wouldn't be spending so much tax money if our cops didn't act like the rules don't apply to them on or off duty. SHooting 5 times at a 8 yr old. Regardless who is at fault we don't mind having the truth come out so both parties can get help, and the little 8 yr old. Don't blame the mom completely

Kent wrote on Apr 14, 2008 3:54 PM:Driving on a suspended license. Driving while drunk. Driving in a reckless and malicious manner. Going after a motorist in her car with heavily tinted windows at night. Suddenly, it is not too difficult to ascertain who was experiencing the road rage that night and put her child in danger in more ways than one. Bet the last thing she thought as the windows were being blown out was that somebody might achieve the state of mind she was in.

To estaban wrote on Apr 14, 2008 3:57 PM:I would rather eat crow, than slurp on the cops the way you do.

Drunk Lottery PayDay wrote on Apr 14, 2008 3:58 PM:O.K, How much cash does the Drunk Lady get because some ODO was stupid enough to shoot her and her poor child?

Well said Jeff wrote on Apr 14, 2008 3:58 PM:Remove the doubt about BAC and drugs... our military tests all the time... how often do most cops? When you behave as if you have nothing to hide, and back it up with actions.... people tend to believe....

MADD wrote on Apr 14, 2008 4:00 PM:Yet another reason to not drink and drive....first a Charger linebacker and now this Mother of the Year. Looks to me like San Diego law enforcement is toughing up on DUI Drivers....about time!!!!!

To: Jeff wrote on Apr 14, 2008 4:03 PM:Because Jeff, It is possable to be over the limit without showing signs, and saying "He did not exhibit any objective signs..." is objective at best and proves nothing as to Whites sobriety.

Cop Basher wrote on Apr 14, 2008 4:07 PM:If being able to see that White was wrong to open fire makes me a cop basher then I guess I’m a cop basher. I would rather be in that group and know that with authority comes responsibility, than be one of the crowd that thinks her and her son deserved to be shot. Before you start warming up the crow you might want to realize that so far it is based on White’s statement, and evidence that may or may not have been properly obtained. Initial reports stated Silva was flown to Sharp Memorial and I believe the onsite EMT would transport her to where the helicopter would have to land and the priority should have been on her being treated, so when did OPD talk to the EMTs that they had enough to pursue the warrant to get her blood work? Kind of like the independent witnesses that were nowhere to be found initially.

M.A.D.D. wrote on Apr 14, 2008 4:12 PM:So she shouldn't have been on the road to begin with. She was intoxicated with alcohol and drugs, which makes her a threat to society. She could've killed her son and some other innocent human being. Now we know why she didn't make a statement right away, it's because she was too intoxicated to remember anything.

MADD wrote on Apr 14, 2008 4:13 PM:So she shouldn't have been on the road to begin with. She was intoxicated with alcohol and drugs, which makes her a threat to society. She could've killed her son and some other innocent human being. Now we know why she didn't make a statement right away, it's because she was too intoxicated to remember anything.

thanks wrote on Apr 14, 2008 4:16 PM: the off duty officer actually saved lives that night by taking a drunk, stoned, and agressive driver off the road before she killed who knows how many people. yes, drunk drivers kill people. All of you people defending this woman need to think how you would feel if she killed someone close to you(let me guess,you would be saying "where are the cops when we need them"), and she had her 8yr old in the car with her. you people think this behavior is acceptable? she should not get a dime for any of this, in fact she should be going to jail no matter what the outcome of this is.ok everyone go ahead and try to defend her behavior.

One wrong and ONE BIG RIGHT wrote on Apr 14, 2008 4:16 PM:If you try to kill someone with your car, and they feel like their life is being threatened, then they have every right to try to stop them with whatever means you have. That's why people have guns: to protect themselves. Was White supposed to wait until she rammed his car twice, or maybe three times before he felt his or his wife's life was threatened? Suuurrrreeee, just take off and lead her to the police, and MAYBE she follows, but MAYBE she runs you off the road straight into a light pole! MAYBE she forces you into a head-on collision with someone, or is involved in a head-on herself, killing innocent people, including her son. Someone on this blog actually thinks it would have been better to lead this crazy person BACK on the road for a 5 mile drive to the police station? Are you kidding me? Now that I think about it, White is a hero! He probably SAVED Silva's son's life in the long run, and may have saved numerous other lives by NOT allowing this to happen. What idealistic dream world do you people live in? I'm truly baffled that we have somehow come to a place in this country where you can't even protect yourself when someone is trying to kill you.

Mr. X wrote on Apr 14, 2008 4:17 PM:If comments posted by some of you and Mr. Orginiality are even a close sample of the intelligent thinking in our community then the policeman will go to jail. O.J. didn't do it did he? Now thats original.

to not suprised wrote on Apr 14, 2008 4:18 PM:yes dui is a capital crime when you kill someone while driving drunk!!!!!!!how can you defend driving drunk and stoned with your child in the car?

On Duty Officer wrote on Apr 14, 2008 4:25 PM:So she tailgated the ODO and followed him into the parking lot. Why didn't he call some Officers that were working that night. Instead he wanted to take things into his own hands, which is a bad example to us citizens. Many times people try to take things into their own hands instead of calling the proper authorities, when they don't rely on the proper authorities to protect and to serve they get into trouble themselves. Bottom line---Don't try to take matters into your own hands!

Mr X wrote on Apr 14, 2008 4:31 PM:Should every police officer be checked for drugs every time he or she pulls his or her weapon in the line of duty.

b wrote on Apr 14, 2008 4:39 PM:Alright, the truth seems to be coming out, and it doesn't look good for Ms. Silva. From everything I've read (and I've read everything made open to the public on this and many other websites) Ms. Silva, driving a car with dark tinted windows while drunk and stoned (with her young son as a passenger) pulled out directly in front of Mr. White, who happens to be an off-duty police officer. He swerved to avoid the collision, and she responded by going into what could be described as an extreme act of "road rage." She tail-gated him, honked her horn at him, screamed at him, followed him into a parking lot and repeatedly threatened to kill him. She then followed through on her threat to kill him by backing her car into the driver's side door of the car being driven by Mr. White. Mr. White, who had by this time identified himself as a police officer and shown the woman his gun to prove it, realized she really wanted to kill him at that moment. Having already tried to get away by pulling into the parking lot, he was left with no choice but to open fire with his gun. I know a lot of people don't want to believe people like Ms. Silva actually live among us, but they do.

dave from oceanside wrote on Apr 14, 2008 4:40 PM:Gee, based on the above responses I guess they imagined officer White should have drove his car in a circle around Silva's SUV to create a vortex thereby throwing Silva off balance enough to allow White to quickly exit his car, open Silva's car door, shut off her engine, take the keys, and scold her for trying to kill him and his wife with her SUV.
Sounds like you people think the cops are super heroes.
Thank god he stopped her before she did this to someone else.
Stay tuned for more lunacy from the posters of above.

Russ wrote on Apr 14, 2008 4:43 PM:To all you cop haters and cop lovers. Ms. Silva was in the wrong and so was Officer White. They both should be punished. Just because someone side swipes your car, does that give you the right to start shoting occupants in the car. Officer White showed poor judgement and should be punished. Ms. Silva should be punished for her crimes. Are you saying that if we get into an accident, then the person you hit has the right to shot you and your family. Let's hope that that is not the case. Why is this all the sudden about cop haters and cop lovers. It's about right and wrong. They both were wrong and admit it.

To: To MR. Orginiality (sp) wrote on Apr 14, 2008 4:43 PM:You say, "Don't blame the mom completely". Question for you.....how many shots would have been fired if Silva DIDN'T follow the cop???

James wrote on Apr 14, 2008 4:47 PM:Looks like the police will attempt to try this in the newspapers. The court needs to slap a gag order over this circus until trial. And, a DUI and a pipe do not excuse the shooting. I feel sure that when the facts surface at trial we will see that the officer needs to loose his badge and be punished for breaking the trust of the community and acting like an outlaw.

mimi wrote on Apr 14, 2008 4:49 PM:Well our President has 2 DUIs? Where are his kids? Oh yea, visiting the White House also with some DUIs!

This is going to go on forever wrote on Apr 14, 2008 5:06 PM:Why did it take so long to release the results from this drug/alcohol test?

Joe wrote on Apr 14, 2008 5:08 PM:How did he let himself get into a situation where a drunk driver blocked him inside his car, I guess all that training didn't really sink in.

He still shouldn't have shot his gun at a moving vehicle not knowing who or how many people were in the car, very amateur.

To All wrote on Apr 14, 2008 5:11 PM:Remember her windows were tinted dark. The ODO could not see who was inside. Could have been gang bangers. The child should not have been in the front seat to begin with. Maybe the ODO will be charged with something but the woman will be charged with several charges as I see it. I am sure the ODO did not intentionally shoot the child.

Hold accountable wrote on Apr 14, 2008 5:30 PM:OK, now we know Silva was drunk. We know she was driving without a valid license. We know she had her child with her at the time. For that, she must be held accountable.
We also know White was not tested so we'll never know if he was drunk. Reports say his car was sideswiped, only bloggers who want to give him a free pass say she "rammed" his car. Bloggers trying to spin a self defense theory. Big difference there. This guy intended to kill the occupants by firing 5 shots into her car, and only luck kept the woman and child alive. For that, he must be held accountable.
Bad mom, worse cop.

To: To Jeff@3:40 p.m. wrote on Apr 14, 2008 5:42 PM:Do you think that a BAC test is done every time there is a shooting? Absolutely not! BACs are only conducted if the subject exhibits signs of being under the influence. In order to determine whether or not a BAC test should be performed, the responding officer will conduct a field sobriety test. They are trained to look for specific signs of alcohol or drug use (eyes, breath, balance, etc.). Based on their training, they will determine whether or not a BAC test should be performed. It's obvious in this case the officers who responded did not believe a BAC was necessary for White (either based on observation or a field sobriety test).

Second, since none of us were at the scene, there is absolutely no way we can judge either of their states of mind at the time of the incident. A nine year-old boy could easily appear to be a teenager (gang-banger) through tinted windows to White. Once the car sideswiped him, he certainly could have thought he was being attacked by the people in the car. Keep in mind the driver of the other vehicle followed him into the parking lot pulling up so close he couldn't exit his vehicle. He had no idea if this "aggressive" driver was backing up to ram him again or if they had weapons in the car. I know if I were followed by another car like that, the last thing I would think would be that it was a mother and a child. In my mind, I'm thinking punk kids who want to fight.

On the other side, Silva's state of mind could have been exactly the same. Once she saw the gun, it could have scared her to a point that caused her to back up quickly trying to get away, and while doing that, she hit him.

In both cases, it's understandable why they each reacted the way they did. I know a lot on this blog don't agree with him using the gun, but in his state of mind at the time, he really could have believed that if he didn't use lethal force, he might not be able to stop the threat.

The one thing I can comment on though is this so-called mother has no business having children.....EVER!

To : To Jeff @ 340 wrote on Apr 14, 2008 5:54 PM:"Because it is beyond all comprehension why he wouldn't have been tested. After all, if brandishing & firing a weapon in public isn't enough probable cause to suggest someone might not be acting in their right mind then what is?" Based on your logic, all drivers who swerve, speed, roll a stop, don't signal, etc are showing objective signs and symptoms of being under the influence and should be immediately blood tested. NOT SO! There is the action to draw attention, but there needs to be more than just an act to determine "objective sgns and symptoms." Go back to law school, they need your money for all the years youre doing there without graduating.

Awesome wrote on Apr 14, 2008 5:57 PM:Well I don't like drunk drivers, but seriously, a death penalty offense with the sentence carried out on the street by some off duty cop? Opening fire when he is not sure of what he is firing at because by his own admission he cant see inside the car? The guy was out of control as well as the woman. I hope they will enjoy prison.

crazy indan wrote on Apr 14, 2008 6:01 PM:reading some of the comments made, it seems that some have decided that the child was made the primary target, just wondering if the child was sitting in the drivers set???????????

RE: OLAF wrote on Apr 14, 2008 6:05 PM:Yes you should do whatever the police want you to do. They must know best. Never mind your constitutional rights. Allow them to come to your home and ransack it looking for weapons, drugs whatever. Allow them to detain and question you and your familiy without legal representation. Let's just let them deal with all criminals by shooting them and do away with the trial and jury system. Cop haters? No. People who think with their heads and not their handguns.

The Bottom Line wrote on Apr 14, 2008 6:07 PM:I still am not convinced that the off duty officer was justified in introducing a firearm to an already volatile situation. He should have called 911 and let on duty officers deal with the situation. Based on today's information, the on duty officers could have arrested the woman for DUI, child endangerment, and disorderly conduct. But there was no justification for the officer to fire his weapon. The officer and his wife were not in danger of losing their lives as long as they remained in their vehicle. Deadly force was simply not justified on these facts. For his actions, the officer should also face charges. This is not about being anti-cop. It is all about enforcing the rule of law and protecting the law abiding public at large. Both participants in this incident were wrongdoers and should be facing criminal charges right now. The innocent victim in all of this was the 8 year old boy. How sad.

I hear wrote on Apr 14, 2008 6:20 PM:That the hardened convicts in prison make life pretty tough for cops that go wrong. Seems they really hate people that harm little children too.

To esteban at 12:51PM wrote on Apr 14, 2008 6:21 PM:Since when is ramming another vehicle with your vehicle a capital crime? Is this a new law in California? When was it passed? I must have missed that in the California Penal Code. Last time I checked, the only capital crime in California is murder in the first degree plus special circumstances. In order for the DA to charge murder, someone has to die. No reports of this incident suggest someone died. There are simply no facts to support a murder charge in this case. Since there was no murder, there can be no capital crime alleged on these facts.

Policy Guy wrote on Apr 14, 2008 6:21 PM:Some of you keep talking like he meant to shoot the kid. The windows were tinted! I repeat: The windows were tinted! Perhaps a third time will drive home the point: The windows were tinted! He couldn't see who was driving or in the passenger seat. Funny how the cop-bashers either completely shut up now that their argument is in the toilet - or- the cop-bashers are now claiming that nothing Silva could have done justified firing the weapon. Boy, if I had been that wrong about something as important as this, I would simply close down the computer and never blog again. I hope the cop-bashers feel the same.

To Olaf wrote on Apr 14, 2008 6:36 PM:I for one do not hate police officers. I believe in the rule of law. If these new facts are true, the woman should be prosecuted for her actions that night. But, having said that, the police officer had no business introducing a gun into an already volatile situation. It only made matters worse. An innocent 8 year old boy was injured as a result. If you or I had done what this police officer did, we would most certainly be facing charges. The law should not be a respecter of persons. The police officer should be treated no differently than an ordinary citizen.

geoffrey wrote on Apr 14, 2008 7:07 PM:her blood level for alcohol or drugs dos'nt mean a damned thing (hindsight is always 2o/20)....what matters is, was white's life in danger at the time he pulled the trigger ?....

if I'm on the jury the only thing I'd consider was the situation at the exact moment when he decided that he was gonna try to end a life

Armchair Observation wrote on Apr 14, 2008 7:09 PM:Law is black and white. Rules, laid out by people trying to create order, which are clearly laid out for the public to understand. It's my experience that people who walk around complaining about "dirty, crooked cops" are the types of people who search for the gray areas among the black and white. In the most simple terms, they break the law, or feel they are above the law. Where there is smoke, there's fire - suspicion is very rarely unfounded. You make choices every day that put you into the position you are in, and by surrounding yourself in an envelope of gray, you're asking for the inquiry to be made. That being said, I feel no sympathy whatsoever for an individual who values her high above the life of her child, I feel no sympathy for her wounds, and think the harder the book is thrown at her, the better. Unfortunately, karma has a way of balancing things out. Her son was in harms way long before White encountered a raging, intoxicated driver, and the unfortunate side effect of his mother's behavior was a serious injury. In my heart, I don't believe that White intended to hurt the child, ... I am sure that White feels remorse every second of every day, knowing that in trying to protect himself and others, he injured an innocent bystander. Just remember that before White fired the shots, he was an officer. Called to stop your neighbor from playing loud music at 3am. Called to prevent a domestic abuser from killing his wife in rage. Called to protect innocent people from harm. Not all cops are monsters, and sometimes doing the right thing means taking a calculated risk. In the end, we're all just spectators, who've nothing better to do than judge another based on our opinions of law enforcement. But I do believe that having a tainted opinion of law enforcement could lead to your belief that he was crooked. For me, I thank God for cops who try to do the right thing, everyday, and I pray that White gets the peace he deserves. Believe me, I am sure that White, OPD and the San Diego Sheriff are kicking themselves for not testing him. Because it's just one more thing for the cop haters to feed on, one more thing for you cynics to allow to fester. I believe that Silva should pay for her actions, and I believe that by wasting everyone's time trying to ger her "story straight", she's done more harm than good with regard to her own bogus claims. Hope the pictures of the bullet holes in her vehicle help her to get the right story together, because for everyone of you that blames White, there's five of us who are sick of trash, alcoholics who endanger the lives of others.

The truth shall set you free.. wrote on Apr 14, 2008 7:17 PM:This lady doesn't not deserve to have her child any longer. CPS should have step up to the plate by now. What is the hold up? Book this lady on DUI of alchol, DUI of a controled substance, feloney child endangerment, felony drunk driving, driving on a suspended license, wreckless driving and I am sure the cops on this board can add some more.....another bad egg will be off the streets.

Not Surprised wrote on Apr 14, 2008 7:24 PM:To: 1:20 poster ... I tried this earlier, but the censors apparently didn't like me then. Maybe they do now.

You can think what you want about what I say I would have done. If we're talking head on collision or someone speeding towards me directly at my drivers door then that could be another story, but that's not what we're talking about here. There is nothing that can happen to me or my car in a parking lot sideswipe that my insurance won't cover.

With regards to satisfaction, I haven't been satisfied with this entire investigation since I learned the ODO was never tox tested. The simple firing of gunshots at another vehicle in a parking lot pissing match should be ample probable cause and, if it's not, common sense should say this is a question that will need to be answered at some point. Maybe he was stone cold sober. Or maybe, just maybe, he and his wife had just finished a lovely dinner with a few glasses of wine that later impaired his judgment. Either is entirely possible. Unfortuantely, now we'll never know and, as a result, the whole truth of the night will also never be known. Big mistake. If that is standard procedure then procedure needs to be changed.

As far as Silva is concerned, I not only hope they throw the book at her for no less than her 3rd DUI, reckless driving, driving on a suspended license and child endangerment. I also feel she should lose custody of her children. She clearly can't handle the responsibility.

That said, White clearly can't handle the responsibility of being an ODO with a license to carry a concealed weapon. I would love to see him receive the correct punishment for his crimes as well. His brandishing of the gun was certainly for the purposes of intimidation (otherwise he'd have shown his badge) which I believe is a misdemeanor. While I have no doubt the shoot will be ruled good, I have a real hard time believing he truly felt his life was in danger given what I've heard so far. I also believe that, as a trained professional, he had other options of resolution that did not require gunfire. If his first reaction in a traffic altercation is to draw a weapon then he does not have the personality or temperance to be a LEO.

Anger management would also benefit them both.

This case features two dimwits and an innocent child. The child is the only one who gets my sympathy ... so far anyway. Now we can only wait for the rest.

Justified wrote on Apr 14, 2008 7:25 PM:Mr White was shooting at an out of control driver verbally and physically assaulting he and his wife using her vehicle as a weapon, Mr. White probably could not or did not see the 8 yr old child in the seat due to the dark tinted windows and the speed to which the incident evolved, the 1 round went thru the passenger side...the following 4 went thru the windshield as she continued to back up, how was Mr. White to know whether or not Ms. Silva was backing up to escape/evade or to wind up for another charge with her vehicle..??? I'm sure Mr. Whites weapon was an automatic too.....so one squeeze of the trigger would account for the 5 rounds expended during the incident...

I think drug/alcohol tests should be done!!! wrote on Apr 14, 2008 7:26 PM:Yes!!! I work at a local manufacturing company when ever any employee has an injury regarding what type or the cause they have to take a mandatory drug test. I think we should hold our law enforcement officers to a higher standard. I think this off duty officer blew it. He over reacted and should be prosecuted. We all know that will never happen because of a small thing known as the thin blue line. His shiny badge will protect him. Sad that this little boy was almost killed because of the actions a rogue police officer.

Maybe... wrote on Apr 14, 2008 7:29 PM: the off duty officer thought that one of his past arrests had managed to recognize him and was trying for a lil payback, Law Enforcement personnel have to be aware constantly that those they arrest might seek revenge should they ever meet up on the streets....

TO MR X wrote on Apr 14, 2008 7:30 PM:To Mr X at 4:17 ... What does OJ have to do with anything with regards to this case?!

To Mr X at 4:31 ... YES. Duh! Why would they ever leave that question in doubt? That's just stupid!

more each day wrote on Apr 14, 2008 7:31 PM:This lady will be in a new occupation soon, making license plates for sure.

Not Surprised wrote on Apr 14, 2008 7:36 PM:To 4:18 ... You say "yes dui is a capital crime when you kill someone while driving drunk!!!!!!!how can you defend driving drunk and stoned with your child in the car?"

You're right. The killing of another person (DUI or otherwise) is a capital crime. But that's not what happened. You don't get a make up a what if scenario to generate punishment in our system.

First, I couldn't be happier that she's off the road. She can't handle the responsibility that goes with having a drivers license as well as control over a 2000 pound vehicle.

Second, I have in no way defended her actions. She needs to have the whole book thrown completely at her and she needs to lose custody of her children. There are no exceptions.

I just ultimately don't understand why White is gettng a free pass simply because she was drunk. For all we know, he could have been too. He just never got tested.

Again, the only innocent is the child.

I'm sure NCT won't post this the same way they didn't post my last response to another person, but what the heck.

Osider wrote on Apr 14, 2008 7:36 PM:You people need to get a clue! Even if the mother was legally drunk, does not give the right for an off duty officer to shoot to kill while Silva was driving backwards away from him. If she would have been driving forward, then maybe but, not while you are going backwards away! She should be prosecuted just like WHITE and White should be charged with heavier offense's. BOOK EM BOTH DANO!

To b at 4:39 wrote on Apr 14, 2008 7:37 PM:If all you need to see is a gun to know someone is a cop then I fear for your long term safety. Anyone can show a gun (or a badge for that matter) and say they're a cop. If they're not in uniform and in a marked car ... I won't stop.

Louise wrote on Apr 14, 2008 7:42 PM:The woman is obviously a total loser, but does that give off duty police officers the green light to shoot all total losers? He knew he was dealing with a woman, drunk or not - he had no right to shoot her. She definitely should be charged for the driving/drug/endangering her child offenses, but I see White getting off with a slap on the wrist.

Re: To : To Jeff @ 340 wrote on Apr 14, 2008 7:45 PM:"Based on your logic, all drivers who swerve, speed, roll a stop, don't signal, etc are showing objective signs and symptoms of being under the influence and should be immediately blood tested."

That's just stupid and not at all what I said. Someone swerving or rolling a stop or not using their signals do not equal the firing of a handgun inside a darkened vehicle. I also don't need law school to teach what is (or should be) common sense. There are certain situations that should require tox testing without hesitation or objective provocation ... even if it is only a tool that is used to soothe the savage beast that would otherwise use the lack of information to their advantage. This is now a question that can never be answered and will always be able to put doubt in the mind of a juror. What idiot wants that?!

Say what! wrote on Apr 14, 2008 7:48 PM:The report says that White reversed to get away from her and she side-swiped his car. He was doing the moving but she side-swiped him! Come on OPD, how about making up a more believable story!

Signs Of Intoxication wrote on Apr 14, 2008 7:50 PM:These vary by person and cannot be judged on a universal one size fits all scale. Some people can have two beers and be slurring and stumbling while others can drink a 5th of vodka and still walk a straight line. Any PD can claim the whole 'he didn't seem drunk' line all they want but maybe he's just better at hiding his signs of intoxication better than she is. Who knows ... All I know is we never will.

IF wrote on Apr 14, 2008 7:51 PM:If he 'feared for his life' then why didn't he just drive away. She wasn't blocking him from getting away? Seems to me that instinct would be to get away from the 'crazy person' before pulling out a gun to show her first. He could have been half way down the 76 to the OPD station on Mission before she realized what happened if she was so crazed and drunk as they are making her out to be. He was reckless and excessive with shooting her, regardless of what her actions were. If he was locked inside his car with the windows closed and the option to just drive away, then maybe he should re-evaluate his career preferrence because he will encounter much worse than that as a police officer.

To Justified wrote on Apr 14, 2008 8:06 PM:You know absolutely NOTHING about weapons... especially the ones authorized for carry conceal or duty carry... go watch some more movies...Each shot was a deliberate pull of the trigger... believe that.

To All of You wrote on Apr 14, 2008 8:06 PM:Since when is a 2,000 pound car not a deadly weapon? How many people are killed in car accidents everyday? The fact that they were in a parking lot has nothing to do with it. If she backs up and then steps on the gas and t-bones his car, it could have killed them. You have to keep in mind what his state of mind was at the time. He didn't know whether or not she was going to hit him again. He just knew there was someone in that car that followed him into the parking lot, pulled so close to him he couldn't get out and then ran into his car. If that were me, I'm not waiting for some OPD officer to show up. I'm going to stop the threat immediately. I could be unconcious or dead by the time they got there. Furthermore, how does he know it's not a car full of thugs?

Joe wrote on Apr 14, 2008 8:15 PM:To everyone who says Officer White should have sat in his car and waited for responding officers, take a second and put yourself in his shoes. Imagine yourself sitting there while some is hitting your car with theirs. How many times would I have to ram into your car for you to feel as if your life was in danger? Would you feel "safe" and comfortable with metal crushing around you? This wasn't just a little fender bender. Silva intentionally struck White's car. That is a very dynamic situation that takes seconds. In ten seconds, someone could ram their car into yours multiple times. And yes, ramming an occupied car would likely illicite a deadly force response.

So it's not like there was a minor fender bender and White jumped out and shot which is what many cop haters describe.

DON`T wrote on Apr 14, 2008 8:28 PM:She was under the influence of alcohol They do not have a test to prove she was under the influence of pot, only to prove she had smoked it within the last 30 days. The relaxing benefits of pot wear off within 1-3 hours. She is going to jail since this is her 3rd DUI offence in the last year. People like her having children is wrong. Please if you know you are not going to be a irresponsible parent DON`T HAVE KIDS. SHE SHOULD NOT COLLECT A DIME FOR HER CARELESS BEHAVIOR.

Both bad wrote on Apr 14, 2008 8:28 PM: Those blogging here who want to give the cop a self-defense free pass because her passenger side window was tinted seem to overlook the reported fact that his last 4 shots went through her windshield. There has been no reports I've read that says her windshield was so dark White couldn't see in. Also the reports are that she sideswiped his car. No reports that she "rammed" his car as some bloggers here spin it. One other thing. If she pulled out of the Shell station in front of him, how was it he got in front of her and then was able to slow down to turn into Lowe's? Did he pull in front and then brake placing her in a "tailgating" position because he pulled directly in front???? BOTH Silva AND White need to be held accountable for their respective parts in this mess. Two people could have been killed over a road rage incident.

janet wrote on Apr 14, 2008 8:30 PM:I guessed she was [allegedly] high from her record, but I'm guessing Officer White is trained to handle these situations without deadly force. Or is he? I'm ready to get all the info before deciding (unlike many of you who decided on day 1).

Her Child wrote on Apr 14, 2008 8:30 PM:Why was she [allegedly] endangering his life by driving intoxicated with him in the front seat in the first place???

He NOT old enough to be riding in the front seat!

I suppose that if you are willing to drive while under whatever influences she was under with you child in the car, he may as well be as endangered as possible.

When is child protective services going to step in?

Kent wrote on Apr 14, 2008 8:41 PM:What the eight year old will do, at some point when he grows up, if he has the chance to grow up, is how his mother jeopardized his safety. It has probably happened on multiple occasions, as witness her drunk driving arrests. Obviously, the effect alcohol has on this woman, other than impairing her judgement, is to make her very, very angry. Call Child Protective Services and get the poor kid in a foster home before it is too late.

ArmchairQuarterback wrote on Apr 14, 2008 8:45 PM:Wait for both Sides of the story.....Then Blog all you want....

To Joe 8:15 PM wrote on Apr 14, 2008 8:48 PM:Joe is putting the "ram" spin on this in an attempt to justify a self defense shooting. No reports I've read say his car was "Rammed". The word sideswiped is used. How do you know it wasn't a "fender bender"? Even her attorney hasn't been able to photograph the damage. Spin, spin, spin all you want, and call us "cop haters" all you want too. What we want is accountability and justice.

Jean wrote on Apr 14, 2008 9:31 PM:I feel very sorry for all you arm chair sleuths. First you condem the officer and the lady in question is all so pure. Now your tune is changing. Now you are condeming her and some even the officer. If you were placed in his situation with your family in the care what would you do and how would you do anything different. Before you condem the officer you all need to ride a 10 hour shift a number of times with your local police department to see what they are up against, how they are treated by the public and how they try to protect you and your rights, laying their life on the line to also protect you and your families. Walk in their shoes and then lets see what you think. I think you all need to just sit back, quit armchair quarterbacking, wait to see how this plays out in the courts. I certainly wouldn't want you judging me in court. You don't wait for the facts which will come out in court in due time. Thank God for all the people who gather the evidence ever so diligently so we can have our day in court whether we are innocent or guilty. It is up to those 12 people to make this judgment in accordance to the evidence presented and not up to all of you. TAKE A RIDE ALONG A NUMBER OF TIMES BEFORE YOU THINK YOU KNOW IT ALL !!

To justified wrote on Apr 14, 2008 9:42 PM:You need to learn something about firearms, an pistol referred to as automatic actually usually refers to a semiautomatic design pistol. The automated part is the loading of a fresh cartridge after a round is fired. None of the authorized off-duty weapons for a SDPD is fully automatic and continues to shoot while the trigger is depressed. Also, the video from the gas indicates a definite pause between rounds fired.

To her child wrote on Apr 14, 2008 9:49 PM:Learn the law, the child was older than 6, therefore, he WAS old enough to ride in the front seat.

To policy guy wrote on Apr 14, 2008 9:52 PM:Don't you think she lowered her windows to yell at him, and since her car was supposedly so close White could not exit his, how did he not see the child? Mentalities like yours is why so many distrust police,

To Jean wrote on Apr 14, 2008 9:59 PM:From what I saw during ride a longs I don't think a good officer would over react as White did. On the other hand, the elitist attitudes reflected in posts by some officers amd their supporters makes me think there can be no justice if an officer shoots without proper justification, it will be covered up.

To Jean wrote on Apr 14, 2008 10:18 PM:Let's hope that the cop is charged so a jury can decide. So far it appears the officer is walking away with a get out of jail free card. What most cops experience on the streets while they are on duty is not relevant to this incident. The DA should press charges against both the woman and the cop and let an impartial jury decide.

To "to her child" wrote on Apr 14, 2008 10:41 PM:You never put a child in the front seat because of the air bags! Sorry I don't feel sorry for this mother only the child. As for the cop I don't know what I would have done in the same situation.

Oceanside mom wrote on Apr 14, 2008 10:54 PM:Time to put some effort into writing our state legislators to introduce a bill mandating a tox screen drawn for any officer involved in a shooting - on or off duty.

the woman never said she was a saint. and she probably shouldn't have been driving. but that's no excuse for the guy to fire FIVE shots at her car. Maybe one, or two to disable the car (toward the radiator or the tires maybe?).

Nobody's innocent here. but firearms should be reserved for the most dire circumstances.

decline to state wrote on Apr 14, 2008 10:58 PM:The documents "state"? What does that mean? Were the documents talking? Who wrote these documents?

Just Chill wrote on Apr 14, 2008 11:47 PM:Where are all the bloggers from a week ago who were