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 ready to sentence the off duty officer without a trial? I'm glad to see so many people now coming out in support of the officer and realizing that SILVA put herself - oh yeah - and her son in this situation. It's sad...You can't pick your parents.

Roberto1 wrote on Apr 15, 2008 12:53 AM:Where are all the bloggers from a week ago who were ready to sentence the off duty officer without a trial?...

here we are, poor choice by her and the Police Officer. Can't stand it can you?

Fair wrote on Apr 15, 2008 4:33 AM:There is a simple way to look at this: If I, a common citizen, did what White did, what would happen to me?

Policy Guy wrote on Apr 15, 2008 5:28 AM:To "To policy guy", no where do any of the documents indicate that she rolled down her window. I am not assuming anything, but going based on the evidence that has been presented. What the documents repeatedly state is that she had very dark tinted windows. At 9:30 pm, you could have your face up to the glass of a darkly tinted window and still not be able to see inside. It is mentalities like yours that lead to ignorant citizens basing their decisions on assumptions and unrealistic expectations.

Howiek wrote on Apr 15, 2008 6:08 AM:To Just Chill, excellent comment!

LEO wrote on Apr 15, 2008 6:23 AM:I have been with the Utah Hwy Patrol for over 20 years. When I walk up to a car with tinted windows, especially at night, my weapon holster is unlocked with my hand on my gun. If you ever get stopped by an officer for tinted windows, you will probably think he has nothing better to do. Nothing more an officer hates than him/her knowing that you could see them, but they cant see you. Even lightly tinted windows appear dark at night. That is why cops hate tint in the front passenger/driver door windows.

esteban wrote on Apr 15, 2008 7:24 AM:To "to esteban at 12:51"...you kindly write, "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." Check penal code section 245 (Assault with a Deadly Weapon). A vehicle, when it's being rammed into you or your car with you in it, is a deadly weapon. When someone is assaulting you with that deadly weapon, you have a right, no a duty, to defend yourself. He happened to be armed, because he's allowed to armed, and defended his family's life with his gun. Slam dunk, end of story, totally justified...according to the facts as we know them. many of you refuse to see that and that makes you the uninformed.

N***a puh-lease!!! wrote on Apr 15, 2008 7:30 AM:...AND LEE HARVEY OSWALD WAS A LONE GUNMAN WHO SHOT KENNEDY TOO!!!

You're kidding me right? When did DUI BECOME A DEATH PENALTY OFFENSE?!?

To Fair wrote on Apr 15, 2008 7:31 AM:to answer you question the same thing that is happening now except it probably wouldn't have made the news more then one day, unlike this story

esteban wrote on Apr 15, 2008 7:39 AM:I've heard all the anticops arguments and they all continue to be weak and very very naive. Many of you have no deductive reasoning skills. Keep 'em coming though because they make me laugh!!! Especially the one by "oceanside mom"..."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?)". CLASSIC!!!!

To One Big Wrong....From Rational Thought wrote on Apr 15, 2008 7:45 AM:I never said he should have driven her five miles to the police station.... I shared my story of what I did in MY situation rather than shoot someone or get out of my car and get in a fight. My point was that there are other options. Quit being so dramatic. So much for rational thought.

WiseGuy wrote on Apr 15, 2008 8:03 AM:DUI is a death penalty offense quite often. Usually, the drunk is not the one killed unfortunately. I LOve the Police. Keep up the Good work Officers and may God bless you!!!

Rep wrote on Apr 15, 2008 8:07 AM:Why are you Republican? Answer: Because we can't all be on welfare.

so that is a reason? wrote on Apr 15, 2008 8:15 AM:Who cares what was in the woman's system. Is this a reason to shoot her and her son? Grow brains people.

Let me just say WOW!!!!! wrote on Apr 15, 2008 9:00 AM:Was the little boy drunk also? This is a fascinating story. I just can't imagine a reason that a trained law enforcement officer would go so out of control and do what this officer did. I am just flabbergasted by this story. I think this officer should do us all a favor and retire his badge. He is not fit to protect and serve a community with irrational, out of control, and dangerous reactions.

drunk wrote on Apr 15, 2008 9:01 AM:The woman was over the legal limit for driving -- does that make her "drunk" -- doesn't take that much alcohol to reach 1.5 and implying she was a fall down drunk is not responsible reporting. Shame on NCT --

why not release the videos wrote on Apr 15, 2008 9:06 AM:YOu bet if the videos were helpful to the police they would have been released by now.

esteban wrote on Apr 15, 2008 9:07 AM:To "to esteban at 8:48"...of course I pick and choose who to "rip on". If I see a dumb comment, I call them on it. Everyone is entitled to an opinion...even me. But if the opinion is so off base and based on stupidity and not facts,I call you on it. What's wrong with that? Since when did "antagonzing people for their thoughts" become a death penalty offense?

Linda wrote on Apr 15, 2008 9:11 AM:Let me start by saying, I love the men and women who put there lives on the line to serve and protect. Given this, I beleive that two wrongs don't make a right. Siva was in the wrong for being over the limit and testing possitive for unlawful control substance. Does this give Officer White the right as an off duty officer to open fire 5 times no it doesn,t. Officer white was in his own car. He had a way to get out of the way of harm and wait for back up. Instead as both parties sat in their cars he deciedes to fire into another car hitting a child. Not like the were on foot and couldn't get away from the harm. If i did what this officer did, I would be charged an sent to jail. Just like the military, we try to protect our own. Wrong is wrong. Both silva and White should be held acountable for the action that took place.

Chester wrote on Apr 15, 2008 9:12 AM:Some of the posts state that the windows were tinted so that you couldn't see inside. I find that hard to believe, as you can't tint your windows that dark. And, if you did, you'd almost certainly be pulled over by the first cop that saw you and given a ticket.

If one shot was good! wrote on Apr 15, 2008 9:12 AM:5 shots is better! Good job officer!

Just Wondering... wrote on Apr 15, 2008 9:16 AM:I'm just wondering how those that don't think White was justified would feel if they had been in his car during this incident. Would you be thankful he used his weapon to protect you? Or would you be appalled he used a gun to protect you? The key, at least to me, was whether he felt his or his wife's life was threatened. I don't think the law says (I admit I'm not a lawyer) that you actually have to be threatened, but that you have to believe you are threatened, before you are justified in protecting yourself. And it's hard to imagine someone sitting there in their car, given the situation as it has been presented, without feeling seriously threatened. Even if one could come to the conclusion that sitting there and calling for help was the safest thing to do, what matters is what White felt at that moment. And even with all the training in the world, I've got to believe the dude feared for his and his wife's life, and acted in those few split seconds based on this.

To so that is a reason wrote on Apr 15, 2008 9:19 AM:If you and your family were in danger and you had the options that White had to defend himself would you not partake in them...?

Reason left the building wrote on Apr 15, 2008 9:23 AM:To-so that is a reason...
Officer White had no idea what was in this woman's system when he shot at her car. (my assumption here but yes I have brains)
So perhaps if you and the other cop-bashers here had any reasoning skills at all, maybe you could see that his reason for shooting had something more to do with "her actions" and not her BAC. Actions which included her using her car as a weapon with her child inside it. In the heat of that moment I think anyone with a gun as an "option" would have used it in defense.

To some others and their nutty theories...
If she was pulling out of the shell station and White swerved to avoid her... he easily could have ended up in front of her car. It's called momentum.
If she did not roll her "tinted window" all the way down to "yell" at the officer he could have easily not seen a small kid in the passenger seat behind a halfway down "tinted" window. I'll admit I don't know if either of these two scenarios are the case unlike the rest of you who conjecture as if you do know diddley.
I'll put my trust in my tax paid police department to do the right thing even though I know some people in every organization are bad apples. I just don't see White being a bad apple here knowing now that Silva was juiced up on liquid courage endangering her own child by driving on a suspended license.

I wonder if Officer White saved their lives that night by putting a stop to her. NCT could have easily wrote a different story the next day.

Mother & Son Killed in Auto Accident on Old Grove Road. Alcohol Suspected. Driver had Multiple DUI's and Suspended License.

Bad judgement from one hired to protect and serve wrote on Apr 15, 2008 9:30 AM:This article is disturbing on so many levels. My biggest concern here are the actions of the ODO that evening. Why did he not just make a call to the OPD their office is just down the street and they would have been there in a minute. He used poor judgement and now the OPD has taken the position of slandering the the victim in this case. They are trying to make us believe that she had it coming. They are trying to make us believe their spin in this case and make us believe that she was the bad person here. I expect better judgement from a law enforcement officer. No one mentions what his wife was doing this whole time. Oh yeah and she works for a police department as well. The wheels started churning on this case the minute the OPD arrived at the scene. I hope the truth really comes out because this article is a bunch of hogwash.

To esteban wrote on Apr 15, 2008 9:31 AM:maybe people are guessing.... you like to guess too.... In esteban land he is the only one allowed to form an opinion.... I mean guess.... huh esteban?

Former Osider wrote on Apr 15, 2008 9:49 AM:Looks like in North County the new police slogan needs to be "You drink, you die."

Timmy wrote on Apr 15, 2008 9:52 AM:Foster home for the kid.
Rehab, then jail for mom.
Remedial firearms training for the cop.
NO LAWSUITS/Case closed.

facts or opinions wrote on Apr 15, 2008 10:01 AM:Why hasnt anyone thought about this? Instead of taking facts and bending them to fit your own story.

Fact: The lawyer for Silva has already stated in video statements that the boy was slouched down in the seat and that is why his knee was up high enough to be shot.
Possibility:
Why is it that the window has to have been all the way down or up? You can roll a window down halfway and still see the driver, right? What about the scared to pieces 8 year old slouched down in the seat? Would you see him slouched down in the seat with darkly tinted windows?
Fact: ODO White backed up his vehicle BEFORE Silva then reversed. She sideswiped his vehicle in the process.
Possible: Why did white back up? What if he was trying to get the drunk driver's plate numbers so that he could communicate to the 911 dispatch?
Fact: The first Bullet traveled from inside ODO Whites Driver window and into Silva's Passenger window hitting John Silva.
Possible: And the gunshot through the driver side window of ODO White? What if he already had his gun drawn (it was conceiled after all and I would take out my gun BEFORE getting out of the car if I had a conceiled gun), was getting ready to exit his door, when a jar (resulting from the impact of Silvas vehicle) caused the first discharge of the bullet? Maybe that first bullet was not intentionally fired, but merely caused by the impact itself? Then after all the verbal assualt by Silva, and the sideswipe by Silva's vehicle, White took this to be a threat to his life and that of his Wife.
Fact: 4 shots were fired into the windshield of Silva, with 2 rounds hitting her in her arm.
Possible: White was trying to end the threat of an obviously Irate and inebriated driver before she either continued her assault on him or on the general public.

Fact: Both White, independant witness, and Silva (via video media statement) have stated that ODO White DID identify himself as an officer.
Possible: Silva was so infuriated that she was going to go to jail AGAIN for DUI and child endangerment that she took her frustrations out on ODO White and his wife without regard for his/her life.

I am simply posting a possibility using facts given by both sides that do not necessarily conflict as I can tell.

A Former Resident wrote on Apr 15, 2008 10:07 AM:To whomever posted to Esteban @ 8:48 am:
You said many people would justify Esteban being shot because he antagonizes people for their thoughts. ARE YOU INSANE? Better yet, are you ARMED? I think you are spineless if you are "made to feel bad" by someone criticizing your delicate, fragile opinions. If comments posted on a blog make you feel bad, maybe you need some counseling. And if you really feel that people should be shot for antagonizing with typed words, God help you and everyone around you.

Dear Ms. Silva, Mother of the Year wrote on Apr 15, 2008 10:10 AM:Perhaps you don't read the papers, but the appropriate thing to do here is go into rehab. America loves that. You will be the victim that you are, poor dear. How dare that mean police officer protect his family's life by shooting at a deranged, screaming person?

Give me a break! wrote on Apr 15, 2008 10:11 AM:I'm not saying that her actions were excusable, but I'm really sick of hearing people say she RAMMED his car. She SIDESWIPED him. That, in no way, can be considered RAMMING!!! You cop protectors need to stop being so dramatic. Regardless of her actions and the laws she broke (which she should be punished for) Mr. White should no longer be allowed to be an officer of the law, and should also be charged with excessive force. There is no excuse for firing FIVE TIMES into a car that SIDESWIPED in a parking lot going what - maybe a MAX of 5-10 mph????

Hmmm... wrote on Apr 15, 2008 10:15 AM:Just another RAILROAD BROTHER IN BLUE COVERUP!!!

THEY NEVER TOOK HIS BLOOD ONLY HERS AND WHAT ABOUT THE CHAIN OF CUSTODY. WHAT ABOUT THE ILLEGAL QUESTIONING OF HER SON WITHOUT LEGAL COUNSEL OR A PARENT PRESENT.

NOW SHE GETS TO GO TO JAIL FOR GETTING SHOT BY MR. HAPPY SIX GUN?!?

IF THIS ISN'T A REASON FOR A REVOLUTION I DON'T KNOW WHAT IS!

facts or opinions wrote on Apr 15, 2008 10:15 AM:The police report states that White continued down the road a short distance after Silva nearly hit him exiting the gas station. Why is it hard to understand how White got in front of her car? He swerved to get around her car and avoid a collision. She then followed him down the road and into the parking lot.
This attorney needs to shut up, he is sounding like an idiot.

Jill wrote on Apr 15, 2008 10:22 AM:Every citizen has the right of self-defense including police officers. According to the reports,the female driver acted in a threatening and reckless manner which included threatening the life of the officer by following him/cutting him off/preventing him from opening his door..no citizen should tolerate this type of life-threatening harrassment including the police. It is a shame that this female driver chose to endanger her child as well. Child abuse should also not be tolerated.

WTF!! wrote on Apr 15, 2008 10:27 AM:The kid is the only victim in this case...he was a victim since he first got into that car w/ his mom. What the hell was she thinking?!? Then she gets into a road rage w/ her son while being under the influence...that's a BIG NO NO mom!!...then gets shot by a cop...POOR THING!!

Cops fear for their lives, that's understandable but c'mon, he feared a little lady and her little boy?!? I'm sure he was way bigger than both of them put together...

That boy deserves a better life...a better mother. She needs to go to parenting classes and to rehab and SDPD should pay for the kid to join sports programs like Pop Warner and stuff like that til he goes to high school...better yet, they should pay for him to go to college even. He deserves a big apology and a better life. Kids don't deserve to go through crap like this...they deserve the world...he might be end up another hoodlum on the straight hating cops and adding more violence on the streets...WE DON'T NEED ANYMORE OF THAT!!

C'mon! wrote on Apr 15, 2008 10:40 AM:Try this...

How about a trying to think in a balanced, rational way?

So many of your are on the extreme. You can only see absolute fault on one side or the other.

Both parties used deadly force (car/gun). The question is whether the officer was in the right. 5 shots though? C'mon! Who knows about that. The woman, to me, is already in the wrong and was drunk.

approval wrote on Apr 15, 2008 10:43 AM:It's been 2 hours since the last approved post, c'mon nctimes send some through!

chelley wrote on Apr 15, 2008 10:47 AM:no, sheila, all the police officers are not shaking their heads and keeping quiet. they know the law. they are peace officers on duty and off. do you understand what that means. apparently not. they don't carry their badge off duty nor are they required to. i,also, am married to one. personally, i wish after seventeen years in the liberal minded state of california he'd retire. the police care, regardless of what you think. some things are true whether you believe them or not. the facts are the facts whether you believe them or not. we again have a criminal, she is a criminal, repeat offending, and yet she's still in society. only now she wants your tax dollars to put her in the lap of luxury for the rest of her life. she not only did not have the privelege of driving any longer, she was breaking numerous laws.

Marine Wife wrote on Apr 15, 2008 11:01 AM:Despite the fact that both parties did not use judgement and should both be punished based on one's actions. I also believe that the mother should be get help as her drinking is a clear problem along with her drug use. The boy should go into the custody of the father until further notice. Not only was the child placed in danger by his own parent who was under the influence of drugs and driving drunk for the 3rd time, but also in harms was of mr trigger happy.
I know enough single mothers and fathers who are serving out country with sole custody of their child/ren so give the kid(s) to his dad and let the other trial begin.

Josh wrote on Apr 15, 2008 11:22 AM:Remember another incident about Steve Foley, the linebacker of San Diego Charger who was shot by an off-duty police officer? When the news came out the police bashers immediately defend Steve Foley because he was a star of Charger. What happened two years from now. The police officer Mansker was exonerated. He was in fact honored. I think same will happen to officer White

Patrick wrote on Apr 15, 2008 11:36 AM:Ummm.. aren't officers supposed to identify themselves before brandishing a weapon? Doesn't sound like White did that according to the 911 calls. Silva, drunk or sober, unarmed and with a child should not have had a police officer shoot at them without identification and maybe a warning like "stop or I will shoot"? I suggest officer White if he was indeed fearful for his life to find another profession if unarmed drunk mothers are intimidating him or go back to Police Academy to learn how to identify yourself before you pull the trigger.

To Josh wrote on Apr 15, 2008 11:51 AM:I remember Foley as well. Mansker's exoneration was neither surprising nor appropriate. Again it was a situation of two so-called grown ups behaving incredibly irresponsible. I agree that White will also ultimately be exonerated by the PD as well but it won't be because he was right.

to jean and armchair obs wrote on Apr 15, 2008 12:13 PM:AMEN to the both of you. To Oceanside mom. LOL. Obviously, you don't realize that a bullet in a radiator or a tire, WILL NOT stop that vehicle immediately. It would take some time before the fluids running out MIGHT disable the car. By that time, a lot could have happened.

Raoul wrote on Apr 15, 2008 12:17 PM:Silva's son is the only victim here and he was in danger PRIMARILY due to his mother's HIGHLY irresponsible and aggressive actions. The fact that it was the officer that shot him and that he's so young is clouding the publics capacity for reason. Was White a bit trigger happy? Probably, but if you believe in the individual right to defend yourself then his actions are likely justified. Am I going to convict him if the DA decides to prosecute? No way. And that's how this case is going to go, i.e. no criminal conviction is possible because at least one person like myself will be on the jury. That said, OPD should "retire" this officer for reasons too numerable to list.

To Jill wrote on Apr 15, 2008 12:21 PM:Your comment is undermined by the very fact that though you say everyone has a right to self-defense; it is very few in this county besides off-duty police officers that get to be armed in public. As for Silva’s actions rising to the level of justification for White to open fire, only in the fantasies of bad cops and their supporters.

RG wrote on Apr 15, 2008 12:40 PM:White needs to get into another line of work. But first, he needs some jail time.
Also, policies that allow off-duty cops to carry guns need to be changed. On-duty cops usually act like responsible professionals, but not this guy White or Mansker. And although Silva needs mental help, she and her child did not deserve Whites callous disregard for life.

Russ wrote on Apr 15, 2008 12:42 PM:Mansker day in Civil Court will arrive soon enough. The only reason Mansker was Honered as Coronado's Outstanding DUI Officer of the Year is because of a weak attempt by the City of Coronado to provide ammunition for their defense in Civil Court. There will be no biased District Attorney (Bonnie Dumanis) to let Mansker off the hook when all the evidence is presented to a Civil Court Jury. Mansker has been handing out DUI's like candy in order to try and justify his actions the night he shot an unarmed Steve Foley without showing a badge and cornering Foley in a Cul de Sac. Mansker ruined Foley's career and was in charge of the whole incident the evening that Foley was shot. Who in there right mind would pull over for someone in a Mazda (mansker's vehicle). I just wish that the Police would arrest their trigger happy cops and get them off the street. What would happen if you accidently bumped into Officer White in a grocery store when he is off duty and your with your eight year old. Trigger Happy Cops should be handled according to the law... Not a biased district Attorney. An Independent Agency should be created to protect everyone the same and not give preference to Officers and spin the evidence in the Officers favor....

Osider wrote on Apr 15, 2008 12:43 PM:OPD..This finest we have! NOT! OPD, SDPD, SDDA are all in on the COVER UP! Think not? You betcha! Protect and serve their own!

AF Shawn wrote on Apr 15, 2008 12:44 PM:They won't post any of my comments today---and who says Communism is dead?

To Chelley wrote on Apr 15, 2008 12:49 PM:So they have to carry their gun but not their badge? Boy is that a policy in need of changing!!!!!

Cop haters? wrote on Apr 15, 2008 1:04 PM:Why are so many people so eager to speak against the police? I expect you represent the average educated middle class citizens of North County. What gives? They are here to serve and protect you.

To Esteban... wrote on Apr 15, 2008 1:10 PM:You stated in a previous post on 4/14 @ 12:51p.m. that "trying to RAM someone with your car is". Where did you read that she RAMMED his car? The article stated she SIDESWIPED the vehicle. Get your facts straight, Esteban. How typical of you to make the situation sound worse than what it is. Where's your common sense?

To Cop Haters? wrote on Apr 15, 2008 1:35 PM:I certainly can not speak for others, but I have a theory about "what gives". I have traveled extensively through out the world and I have to say that cops from the USA are by far the most intimidating, curt, and least friendly police force. Now I have cops as personal friends, and in their private lives they are anything but! Something happens when they put that uniform on. I don't know if it's the training, or the desire as a group to present a conforming and consistent appearance and demeanor or what, but it's fascinating. I have been stopped and had some very scary moments with kids screaming and shouting with AK's pointed at my head in Africa, or big burly guys in heavy coats in the dead of night in South Africa, or surrounded by military in Mexico, stopped by camels in Morrocco, bobbys in England, gendarmes in France, and even a drunk as a skunk sandinista with a machete in El Salvador - but nothing instills more unwarranted fear in me that a US cop with a billy club! It's visceral - so perhaps other people share in this unwarranted fear, and feel that a situation like this is a validation of that fear - a comeuppance for an abuse of trust - I dunno - just a thought. (oh yea - I surf)

To: Cop haters wrote on Apr 15, 2008 1:43 PM:We are so eager to speak against the police because they SHOULD be here to protect us. This officer did not do that at all. I do not feel safe while rogue out of control police officers such as White are allowed to run free wrecking havoc on our streets. You remark in your comment "I expect you represent the average educated middle class citizens of North County." What does my socio-economic level matter to you? May I ask what class of citizens you represent? It is ridiculous to attempt to justify the actions of this officer. He needs to be in jail or at least fired from his job because frankly we do not need officers like him being paid to protect and serve. My tax dollars are being wasted on this type of public servant.

esteban wrote on Apr 15, 2008 1:44 PM:Anyone heard from Brian lately?

get real wrote on Apr 15, 2008 1:56 PM:If a cop is carrying his weapon off duty... trust me... he has to have his I.D. and his card stating weapons he is qualled in and allowed to carry.... the one I live with does.

Oracle wrote on Apr 15, 2008 2:00 PM:To Hmmm: With your sense of reason, have at it. You can be the leader of the revolution. It'll be a real hoot.


To WTF: I concur. She doesn't act like a mom, so she doesn't deserve to imitate one.

To: To Cop Haters wrote on Apr 15, 2008 2:01 PM:To the person who wrote on Apr 15, 2008 1:35 PM: I agree with you all the way. Cops are the most disresepectful lot I have ever come in contact with. I understand why there is such distrust, and lack of confidence by the people in our law enforcement officers. I was pulled over the other day and the officer came to my car window and rather than just politely speak to me he demands in a loud angry tone to give him my license, registration and insurance card. I asked him what the problem was and he said rudely. "I'll tell you when I am ready to tell you." He than said he pulled me over because one of my brake lights was out. I asked if my passenger can get out and see because I am sure they both work and sure enough they both worked and the officer let me off with a "warning" What he just couldn't admit he was wrong. I have been driving for over 30 years and I have NEVER had an accident or a traffic ticket and to be treated that way by an officer was un-nerving. I don't fear officers because of anything I may do but I fear them because of what they are likely to do. It is a sad day when law abiding citizens fear those hired to protect us.

Nick wrote on Apr 15, 2008 2:04 PM:How come I don't here anyone talking about Silva's husband and the boy's father? I'm kinda outta the loop on this one. Where's the man in all of this? A little help folks.

Nick wrote on Apr 15, 2008 2:10 PM:To Cop Haters? : I'm not sure about the "serve and protect" part. I'm not sure if anyone else has noticed, but that old phrase has been removed from all the cop cars I have seen. As a matter of fact, I haven't seen that phrase on a car in a longgggggg time.

snuffy wrote on Apr 15, 2008 2:10 PM:What if...what if White DIDN'T have a gun? what would have been his course of action then?

To Jill wrote on Apr 15, 2008 2:27 PM:Every citizen may have the right to self defense. However, in a road rage incident I would rather allow the instigator to get away than have those trigger happy cops come by and "help me" by shooting him. This exact thing happened to me a few years ago. I was at a stoplight with my blinker going. The guy behind me got out of his van, knocked on my window and yelled expletives at me. If I can take it, why can't the men and women in blue.

to skip wrote on Apr 15, 2008 2:51 PM:Skip put the 420 down, read the fine print, or just read. Her blood alcohol was two times legal limit. Alcohol makes some people aggressive.

to esteban 7:24AM wrote on Apr 15, 2008 2:55 PM:OK for the record, a capital crime is a crime for which the death penalty can be imposed. The only capital crime in California is murder in the first degree plus special circumstances. Examples of special circumstances are kidnapping, lying in wait, poison, torture, murder of of a sworn law enforcement officer, and multiple murders. Assault with a deadly weapon is a felony, but not a capital crime. The California Penal Code defines an assault as an unlawful attempt to commit a violent injury on the person of another. It is doubtful whether a low speed sideswipe of another person's car is enough to constitue an attempt to cause a violent injury on the PERSON of another. It is more like an attempt to cause injury to the CAR of another.

displaying a badge! wrote on Apr 15, 2008 2:55 PM:Police officers are required to display their badge whenever feasible. Meaning, if they have time to do so.

Secondly, Does it makes senses to anyone that OPD Detectives, OPD Chief, DA Investigators, DA and SDPD are going to put their careers if not their lives at risk to protect a 2 year rookie cop..Doesn't make sense to me.

Third.. I love the second guessing here.
Mansker followed Foley because he suspected him of being DUI, he called 911 like he was supposed to. Unfortunately, Foley turned into a no way out street. Now if Foley would have killed one of your family members or maybe the kid in this incident, you would talk trash about Mansker for not doing anything. Some of you I bet you would have said "he is an officer on and off duty."

Mansker was awarded the DUI officer of the year, not by the police but by MADD. The MADD award is given to the officer who gets the most DUI, apparently Mansker is doing his part to get Drunks off the streets to include Foley.

Last, White was not out looking to shoot someone that night. Think about it.. if Silva would have let it go and go home, this incident would have never happened. Even if the video shows Silva was pointing a Basooka at White it would never be enough for some of you.

DUI NEEDS TO BE A FELONY! Too many irresponsible people out there driving drunk. Too many innocent people getting kill out there.

theRealDeal wrote on Apr 15, 2008 2:57 PM:Good Afternoon. Got some Speculation for you all...Informed Speculation that is!

Fact: The lawyer for Silva has already stated in video statements that the boy was slouched down in the seat and that is why his knee was up high enough to be shot.
Possibility:
Why must the window have been all the way down or up? You can roll a window down halfway and still see the driver, am I right? Would you see the child slouched down in the seat?
Fact: ODO White backed up his vehicle BEFORE Silva then reversed. She sideswiped his vehicle in the process.
Possible: What if he was trying to get the drunk driver's plate numbers so that he could communicate to the 911 dispatch?
Fact: The first Bullet traveled from inside ODO Whites Driver window and into Silva's Passenger window hitting John Silva.
Possible: What if he already had his gun drawn (it was conceiled after all and I would take out my gun BEFORE getting out of the car if I had a conceiled gun), was getting ready to exit his door, when a jar (resulting from the impact of Silvas vehicle) caused the first discharge of the bullet? Maybe that first bullet was not intentionally fired, but merely caused by the impact itself? Then after all the verbal assualt by Silva, and the sideswipe by Silva's vehicle, White took this to be a threat to his life and that of his Wife.
Fact: 4 shots were fired into the windshield of Silva, with 2 rounds hitting her in her arm.
Possible: White was trying to end the threat of an obviously Irate and inebriated driver before she either continued her assault on him or on the general public.

Fact: Both White, independant witness, and Silva (via video media statement) have stated that ODO White DID identify himself as an officer.
Possible: Silva was so infuriated that she was going to go to jail AGAIN for DUI and child endangerment that she took her frustrations out on ODO White and his wife without regard for his/her life.

Just wondering wrote on Apr 15, 2008 3:00 PM:I noticed that this article and on the air, that there is no mention of any warrants served for White's medical, work or cell phone records. Why only on Silva? Oh and I do hope that Silva pays for her stupidity, then gets help. She needs it.

To Cop haters? again wrote on Apr 15, 2008 3:16 PM:I think most people do appreciate our police--when they are on-duty and conduct themselves in a professional way.-- White was NOT on-duty, and did NOT conduct himself in a professional way! And we see where this guy will get away with shooting a woman and child ONLY because he's a cop. Why do you say we are cop haters? Can you not see the difference?

Reading Comprehensive wrote on Apr 15, 2008 3:23 PM:Dear Marine Wife,
Thank you for your comments....
You have just shared your inside information with the entire "Blogging"
community. This kids, father is in the military and serving our country overseas. He probably thinks he can't get custody of his child because of military obligations. Now that I think about it...I did read somewhere, Ms. Silva is a resident of Camp Pendleton.
This should make counseling and rehab very easy. Let me know if, I am reading you correctly, I have a degree riding on these comments.

What next? wrote on Apr 15, 2008 3:27 PM:I have to wonder, with the backing of so many of the community for off-duty officers to take the law into their own hands anytime and anywhere, how many out there have been bullied by off-duty cops? and when is the next unarmed person going to be shot? It sounds like OPD’s one sided investigation will give the DA enough to find White justified, but what happens when next time it isn’t someone so many would just assume throw on the pile of human refuse? How many other scared and paranoid officers are out there waiting to go off at the slightest provocation?

To All Those Who Cannot Understand wrote on Apr 15, 2008 3:46 PM:Stay out of trouble and off-duty police officers will not have reason to shoot you.

Pretty simple.

To snuffy wrote on Apr 15, 2008 3:58 PM:"what if White DIDN'T have a gun? what would have been his course of action then? "

That's a rather odd question. His course of action would have been the same as if he were any other normal citizen without a gun. Get the license plate, keep a safe distance or leave if the distance is already unsafe and call the cops. DUH!!!

to displaying a badge wrote on Apr 15, 2008 4:02 PM:DUI is not a felony but firing a loaded handgun into an occupied car is. Let the courts decide whether the officer was justified in his act. We don't know all the facts. We should let a jury decide those. The officer should be charged in this incident as should the woman.

I understand wrote on Apr 15, 2008 4:02 PM:There was no reason for this off duty cop to shoot. Big deal, he got cut off. If everyone pulled out a gun every time we got ticked off on the roads!.... the bottom line is he took the law into his own hands. Erratic driving should have been reported and handled by a uniformed officer. He sounds as if he has poor judgement and a bad temper, two traits that don't make for a good cop. He should be charged for negligently discharging a weapon.

Anti-cop... wrote on Apr 15, 2008 4:07 PM:I can't ever remember when I have been treated with respect by some cop. I have never been in trouble or even had a ticket but I have been treated disrespectful by them before. They are just a different breed with an ego problem. This is why I have no use for a cop.

Amazing wrote on Apr 15, 2008 4:11 PM:I can't believe people or I guess I can, I see people only see what they want and do not read the entire story or are so stoned they read it and then change it to fit them just amazing!

To those disgruntled by the police wrote on Apr 15, 2008 4:41 PM:For every one of you, there are thousands who've never had any issues with the police on any level.

Stop your whining and clean up your act!

you or I wrote on Apr 15, 2008 4:53 PM:Officer said he didn't see the boy -- is that a criteria for shooting? If a child in the way, you can't defend yourself? Obviously, Officer overreacted, was pissed off, antagonized the woman, and shot to kill. Why wasn't the Officer tested for mind altering substances? If it were you and me, we would have been handcuffed, arrested, blood tested, and sitting in jail with a 250k bail.

To the post @4:41p.m. wrote on Apr 15, 2008 4:54 PM:Excuse me, but who's WHINING? Could it be a defensive cop? hmmm...go figure!!!

Bad Habit wrote on Apr 15, 2008 4:58 PM:One important point that most bloggers against the actions of officer White do not seem to get is the fact that he did not know who was chasing him. You bloggers have the benefit of knowing now who was chasing him and your making your decisions after the fact. How many times have you been involved in a situation similar to this??? If you have never been involved in a situation like this then how can you comment on what he should have done or not done. I am not a cop lover but I am old enough to know that if you have not encountered a situation yourself you have no idea of what you would or would not have done.

to Anti-cop... wrote on Apr 15, 2008 5:05 PM:I used to think the same as you until I decided to turn my life around and got away from some unhealthy & criminal choices. Suddenly, the same cops who I thought were jerks were actually decent human beings. Maybe it is not the cops who have the attitude problem. Maybe, just maybe, it could be you. Give it some time and think about it.

Grump wrote on Apr 15, 2008 5:14 PM:Sounds like White got mad and did a little road rage driving himself by passing and cutting off Silva. Sounds like she got mad and followed him into the Lowes parking lot. Sounds like White got mad when she side swiped his car and began blasting away as she backed away, poor Judgement on his part. As for Silva, throw the book at her.

Andy wrote on Apr 15, 2008 5:18 PM:She was drunk.........So what. This thing stinks, he shot an 8 year old kid and he didn't get tested for anything.
The good old boy network is alive and well in Oceanside..... Total and I mean total B.S. here. If a private citizen pulled this stuff they would have gone to jail.

to: to Anti-cop wrote on Apr 15, 2008 5:23 PM:Cops are human beings. There are some arrogant ones out there and there are some even-tempered ones. There are even some who exericise bad judgment in response to road rage incidents. When a cop crosses the line into criminal conduct, he/she should not be given a free pass based on his/her status as a police officer. That is what the public perceives is happening here and is the reason so many have chosen to comment to this story.

Dan wrote on Apr 15, 2008 5:43 PM:Oh, my God!!! Well, now everything makes perfect sense, right? What do you expect when you piss off a police officer and you've been drinking or smoking pot? Those are all capital offenses and the guilty citizen should be shot on sight. And her son? Just collaterl damage. What a joke. 217 officer involved shootings since 1976 and not one single solitary cop was ever arrested in any of them.

Lets Just wrote on Apr 15, 2008 5:44 PM:let the police enforce the laws, decide guilt or innocence and pass sentence right there on the street. Oh, wait, wouldn't that violate peoples civil rights? You folks that scream cop hater at anyone questioning White's actions or judegement just don't get it. Both parties probably did stupid things, but please, opening fire into a car that you can't even see into to be sure of what you are shooting at? This sounds like a case of 2 peoples anger, ego, and judegement being impared. Unfortunatley for those of you defending White, he is held accountable to a higher degree for his behavior due to the fact so much public trust is placed in a person with his job. Cops are supposed to have self control and good judgement, that's why they are allowed to carry and use guns. Sounds like White lost both of theese traits.

dave from oceanside wrote on Apr 15, 2008 5:48 PM:All you people making the statement," If this happened to me and I pulled out a gun and started shooting they would throw the book at me"
Well Duh, I'll bet less then 1 percent of you have the right to carry a loaded concealed weapon.
The only place in California you can use a gun is in your home to defend yourself from a life threatening crime.
As far as Officer White is concerned, without all the evidence disclosed I still support his actions.

My two cents worth... wrote on Apr 15, 2008 6:21 PM:This whole thing stinks to high heaven. That's what people are not liking in this case. Off-duty cop using his gun in a road rage incident, not being drug tested. They are holding this officer to a different degree and that is why the public is upset. Then if you do not agree with it you are considered a criminal here by the cop supporters. Both parties involved were wrong, but especially the one that fired the weapon

anotherview wrote on Apr 15, 2008 6:22 PM:Thanks to NCT journalist Paul Sisson for his straight reporting on the fresh information now become available in this shooting incident. The peanut gallery will see the new information this way and that, yet a clarified picture has begun to emerge. Further, the court has involved itself, per the law, as another means for channeling information to the public. The processes controlling such matters go incrementally and inevitably to a conclusion, requiring patience on the part of all concerned, including the news media.

Jurors In Waiting! wrote on Apr 15, 2008 6:33 PM:How many of you will be called for Jury Duty on this one? I hope you all are out of the ROAD RAGE stages of Driving 1A.

to Mr X wrote on Apr 15, 2008 7:02 PM:They should be tested every time they FIRE their weapon, plenty of safety sensitive occupations require testing after any serious incident it cuts down on questions later

all of you witnesses wrote on Apr 15, 2008 7:09 PM:it seems that all of you have first hand knowledge of what happened so why dont all of you step forward as witnesses then maybe it can be clear to us waiting for the truth, I just hope that if silva gets any money from this that then the father of the child will sue her as well, for her direct actions caused this whole thing, hopefully all of her children have been taken away from her for their safety, she obviously has no regard for the childrens safety or the safety of everyone else on the road by continuing to disregard the laws, this is someone that doesnt think she has a problem but we are supposed to feel sorry for her and get her treatment. why wasnt she in jail for the previous infractions.

Former Marine wrote on Apr 15, 2008 7:33 PM:Everyone is saying the truth has come out and it hasn't.....There are holes on both sides of this terrible event involving little boy who has been shot, by the one person we are all supposed to trust...whether his mother put him in danger or cop used an excessive amount force...who is he supposed to trust besides his DAD the U.S. Marine that fighting for his country...who had to fly home for this crap!

Funny... wrote on Apr 15, 2008 7:38 PM:How a cop supporter turns this incident into a case of ramming his car instead of a sideswipe. haha

what wrote on Apr 15, 2008 7:39 PM:what did the off duty police doing for the woman to be mad at him with is family in the car?
what happen to shoting into a moving car, then what happens with a moving car with a died driver? did he not think of that? is that the steps that he is trained? not to call for back up
why is every thing is releast for the police but not the woman just because he is a off duty police not what is right and is justest

What have we become? wrote on Apr 15, 2008 7:54 PM:What have we become when our police take it upon themselves to attempt execution of a woman and child over a road rage incident???? And how can any civilized person support Whites decision to do so???? What she did was wrong. What he did was 1000 times as wrong. Because our judicial system gives cops a free pass, he will probably get away with it and be slapped on the back for a job well done by his buddies. And some bloggers here actually wonder why police are not held in high esteem.

Isabella wrote on Apr 15, 2008 8:24 PM:I realize this was a road rage incident. However, who had the road rage? Correct me if I'm mistaken, but everything I have read shows Ms. Silva with the road rage.

She's got some nerve wrote on Apr 15, 2008 8:35 PM:This is insanity!!! Why does this woman even have access to her child. She put herself and her child in this situation. If anyone is responsible for her child being shot it is her!! Two prior DUI incidents and a suspended license, but she still decides to drive with her kid in the car all the while drunk and high. I would have done the same thing if I was in that officer's situation. The San Diego Police Department should not have to pay that woman or her family a dime!!! She brought it on herself...the horrible thing is that her child is a victim of her crime and she obviously has no concern whatsoever for his welfare. This woman should have her parental rights stripped and not be allowed around her son without supervision. Thank goodness his father is back and he is not under the sole care of his unfit mother.

To Isabella wrote on Apr 15, 2008 8:39 PM:So are you suggesting everyone who initiates a road rage should be executed?
What have we become?

Isabella wrote on Apr 15, 2008 8:50 PM:To Isabella
[-] wrote on Apr 15, 2008 8:39 PM:So are you suggesting everyone who initiates a road rage should be executed?
What have we become?

Settle down! I didn't suggest anything. I'm simply pointing out that Ms. Silva appears to be the one with the road rage. Don't twist things.

Art wrote on Apr 15, 2008 9:30 PM:I thought when there is an officer involved shooting, that the officer is tested for any type of substance from alcohol, drugs or meds. Can somebody answer this question

To What and Art wrote on Apr 15, 2008 9:46 PM:"What" - Go back to school. Your statement makes absolutely no sense.

"Art" - As of right now. Substance is only tested if the person exhibits signs of being under the influence. Maybe the law / policy should be changed??

To Art.... wrote on Apr 15, 2008 9:46 PM:That is the mystery question here. This off duty cop gets special treatment. THAT IS SO WRONG!! This guy will get away with it too. Then they wonder why the public is angry.

M-Oside wrote on Apr 15, 2008 9:47 PM:We'll only know what the "average" citizen will do under similar circumstances when everyone can carry a gun! Until then, we have to TRUST the person lawfully authorized to carry a gun will use it appropriately. A basic "standard" for shooting cases is the "state of mind" of the shooter. IF he believed his or another's life was in danger, deadly force can be used. Additional facts can support the split second decision but the "fear" must be reasonable. For the public, it's difficult to understand but ask any COP and they'll tell you it's an awesome responsibility. Of course, the officer did not see the boy, he was dealing with a 4000 pound weapon being controlled by a drunk. Then again, all the other driver had to do was stop! It's way too easy to blame the COP. He did not set this series of events into motion. He was confronted with a deadly weapon (vehicle) and reacted appropriately. He stopped her from killing him, his wife or any shopper in the Lowe's lot. She could have mowed down a dozen people while DUI! Who would you blame then? These investigations take time, don't be in such a hurry next time to try the COP in the press. The "news" wants to sell papers, conflict SELLS. Keep the "public" interested. People, don't be "sheep" - wait for the "facts" and keep your speculation to yourself. Shame on you members of the press!

to Art wrote on Apr 15, 2008 10:08 PM:I believe that automatic testing is against the police union agreement, kind of crazy don't you think?

Ideal results wrote on Apr 15, 2008 10:14 PM:My idea of the ideal results of this case would be, the kid gets a ton of money from SDPD, the mom gets jail time for 3 DUI's and child endangerment and White gets demoted to parking enforcement with no weapons no more, he's not stable enough. PS Foley's civil case is still pending, the outcome of that should be interesting.

How about a statement wrote on Apr 15, 2008 10:22 PM:Now would be a good time for Silva to give a statement. I want to hear Silva's side.

I don't want my tax $$ going to Silva wrote on Apr 15, 2008 10:36 PM:I'd rather it go to Escondido dispatch for a raise. They are more deserving.

Silva Supporters wrote on Apr 15, 2008 10:55 PM:You people are nuts. Do you guys work for Silva's attorney? Some of the comments on this blog are hilarious. How about sticking to the facts or waiting till the investigation is done. Stop watching CSI. I'd love to stay up and read the rest of the blogs but I have to go to school in the morning. Good night, sweet dreams, and happy blogging!

Just the truth please! wrote on Apr 15, 2008 11:58 PM:It's a shame to see all the tip-toeing around the real truth.It's truely sickening.One month later and what do we really know."ABSOLUTELY SQUAT".People wake up.Why not test both parties in all cases that involves any type of injury or physical confrontation?Whether on or off duty.What took so long for uniformed, on duty officers to make contact? What,s taking so long for the "STRAIGHT TRUTH" of what transpired in Lowe's parking lot on 3/15/08.

Simple wrote on Apr 16, 2008 12:05 AM:2 things should happen here.
The son should be removed from his mother's care, and the police officer should be demoted to a desk job that does not entitle him to carry a gun.
Both people guilty, innocent kid in the middle.

Get Out of Jail Free wrote on Apr 16, 2008 12:18 AM:That's whats the OPD gave the officer. The woman should be charged for being under the influence and for child endangerment. But the officer also should be charged for his part. The new facts don't excuse the officer's conduct. The officr recklessly fired his gun into an occupied vehicle. If he didn't know who was in the car, that only makes the situation worse. The problem is that members of law enforcement will always stick up for fellow officers even when their fellow officers are in the wrong. If you don't believe me, look at how police officers and their singnificant others respond to this story. This is the reason this officer has received a special get out of jail free card courtesy of the OPD and probably from the DA as well.

lana wrote on Apr 16, 2008 12:23 AM:OH MY GOODNESS! This is seriously starting to bother me! Silva was tested for alcohol and drugs because she was acting "irate and aggresive". Hmmm... after she just watched some trigger happy maniac unload a gun in to her little boy!?!?! Not to mention she herself had just been shot many times. But hey... calm down lady!
On the flip side, OPD didn't even test Mr. White. They stated his behavior "didn't cause them to suspect he was under the influence". So Silva can't act irate after her little boy gets shot right in front of her. White on the other hand can run around town shooting women and children over road rage arguments and hey... no problem folks.
This gal doesn't sound like the most savory of characters. No one is going to dispute that. Get her some help, charge her accordingly. But there again, she's not the one who carelessly discharged a government issued weapon, in the middle of a public place, shooting a little boy he "didn't even know was there".
This one will be interesting!

esteban wrote on Apr 16, 2008 7:39 AM:to "what"...you made no sense. Please go back and start your schooling over from 1 st grade on. You cannot spell or write a complete thought. To all you who still don't get it. There is no hope for you. Silva did not get shot because of road rage, she did not get shot because she cut someone off, she did not get shot because she was a woman, she did not get shot because she was drunk/high, she did not get shot because of her past DUI's...she got shot because her actions (driving a weapon/car at White and his wife) would scare any normal person. He defended himself, as he should have. End of story, if you think otherwise, then there is no hope for you because you are dead wrong! Those of you who ask what a normal citizen would have done in THIS situation? Hopefully defended themselves by whatever means necessary, other wise we may be reading about you being pinned under Silva's car.

MarineWife2 wrote on Apr 16, 2008 8:33 AM:And just where is the father of this child? Y'know the Marine? Oh wait- he's probably DEPLOYED, on his 3rd, 4th, 5th (do we even remember anymore?) tour in Iraq. I'm totally against Silva and her horrendous behavior, however - take into consideration that this poor example of what a Mother should be, is probably going through a difficult time as is, with her husband being gone. Of course, there are some who handle this better than others, but apparently Silva isn't one of the ones who can handle it well. I'm not making excuses for her - I think she should be prosecuted for breaking the law. I DO NOT agree that the ODO had any right whatsoever to brandish his weapon. I believe (or would LIKE to believe) LEO's are trained far better than this. Ms. Silva was completely in the wrong. There's no denying that. Officer White, as the more responsible and sober (we can only hope) citizen, should have assessed the situation better and waited for back up. Honestly, I'm very thankful to anyone that puts their life in jeopardy for the sake of others. That said - you can bet sure as hell I will have not a moment hesitation or regret of running anyone over with my car if he's coming at me, in the middle of the night (or day), out of uniform, and brandishing a weapon. The only thing Ms. Silva has done here is created an extensive amount of problems for her Marine, as everything and anything a Marine wife does reflects upon her husband. I can only hope that CPS will in fact take the child from her and place him in a home where he will be adequately taken care of.

esteban wrote on Apr 16, 2008 8:51 AM:Are we going to have to wait all morning for our comments to be posted again?

5 time loser wrote on Apr 16, 2008 9:02 AM:unfortunatly a cop didnt cross Michelle Coplan"s path the night she got her 5th DUI and killed an innocent child Sierra Heidrich! Read about it people! Ms Silva probably thinks she has 2 more free DUI passes and 1 vehicular murder before anything will happen to her. Rest in Peace Sierra!

Cimarron wrote on Apr 16, 2008 10:51 AM:Nick[-] wrote on Apr 15, 2008 2:04 PM:

"How come I don't here anyone talking about Silva's husband and the boy's father? I'm kinda outta the loop on this one. Where's the man in all of this? A little help folks."

The boy's father (Silva's x-husband) is a Marine - he was in Iraq at the time but was allowed to come back home due to this incident. Hope that answers your question.

Cimarron wrote on Apr 16, 2008 11:16 AM:MarineWife2[-] wrote on Apr 16, 2008 8:33 AM:

"And just where is the father of this child? Y'know the Marine? Oh wait- he's probably DEPLOYED, on his 3rd, 4th, 5th (do we even remember anymore?) tour in Iraq. I'm totally against Silva and her horrendous behavior, however - take into consideration that this poor example of what a Mother should be, is probably going through a difficult time as is, with her husband being gone."

Yes, he was deployed at the time ... however, he was/is no longer her husband ... they are divorced ... so I imagine his deployment had little impact on her except not being able to share physical custody and getting time off from being a mom.

esteban wrote on Apr 16, 2008 11:52 AM:Folks, we have a new excuse for the pro Silva crowd....Cimarron says she suffers from the stresses of being a single mom. Good one!

IN THE KNOW wrote on Apr 16, 2008 12:34 PM:Remember the article before. This is nearly the same factual senario as Ms. Silva's arrest and conviction in our county. In April 2007, she was found passed out drunk in her wrecked vehicle, with her 1 year old child in the backseat. When the officer contacted her, she was very verbally abusive to him. Clearly she has a problem with booze, cops, and taking care of herself and her kids. Me thinks she should not be driving any more, for a while. Not a pillar of any community.

Cimarron wrote on Apr 16, 2008 1:07 PM:Esteban - get a grip - I was responding to the comment assuming she was suffering from the distresses of her husband being deployed. Being a full time wife and mother myself, I don't get days/time off, although that sure would be enjoyable sometime. Of course, the written word doesn't always come across in the manner intended. My thought process was that Silva is obviously a person who prefers would rather be partying instead of parenting her children.

Call the Police wrote on Apr 16, 2008 5:01 PM:If White did not have a gun that night then what would he have done to defend himself?...Yes, he would've called the on duty police and had them come out and do their job, instead, he decided to take matters into his own hands, which is a bad example of what to do when in a road rage situation. Never take matters into your own hands, it'll only get YOU in trouble. He may have been innocent up to the point when he shot, but since he shot at the woman and her child, he puts his career on the line, his family on the line and his life on the line as he could be facing charges for attempted murder on two people. A lesson to learn from all of this is to turn the other cheek and let the proper authorities do their job.

To Call the Police... wrote on Apr 16, 2008 8:04 PM:I agree with you!!!

INFORMATION ONLY wrote on Apr 17, 2008 3:39 AM:To those folks who have questioned why officer White was not tested at the scene and only Silva was. It's quite simple. Silva displayed obvious signs of alcohol consumption/impairment; alcohol on her breath, bloodshot eyes, irrational behavior and erratic driving. The off duty officer did not diplay any obvious signs of intoxication. Therefore, the police had no reason to have him perform or submit to any tests. It may be a surprise to most people, but officers are not automatically or required to be tested just because they have been involved in a shooting. If officer white had displayed objective symtoms of intoxication, given the seriousness of the incident, that would and could not have been ignored by OPD officers and supervisors at the scene. White would have been required by state law to submit to sobriety tests. I know some of you will find that hard to believe, but there are officers that have been arrested for DUI by other agencies. OPD officers would have had no other choice but to arrest him for DUI if did not pass the field sobriety tests.

1pointOFreason wrote on Apr 17, 2008 7:16 AM:To Marine Wife2, it helps if you actually do some research about the story. She is divorced from her marine husband.

esteban wrote on Apr 17, 2008 7:34 AM:To Call the police....I disagree with you. he did his job, which was to defend himself and his wife from a drunken lunatic trying to run him down. He will not be charged with attempted murder.

esteban wrote on Apr 17, 2008 7:34 AM:Cimarro, I wrote you an apology but NCT didn't print it.

Sendwhitetoprison wrote on Apr 17, 2008 8:05 AM:Yeah Ed, those 8 year olds with scoliosis are a real menace to society!

To Cimarron wrote on Apr 17, 2008 8:22 AM:I don't think you can realize what impact a deployment has on those involved unless you are one of the involved.

Thank you, however, for filling me in on them not being married anymore. Hopefully the child will go to his father, and perhaps be better taken care of. In no way am I saying Silva should be excused for her actions btw.

The photos wrote on Apr 17, 2008 10:29 AM:I just saw the photos of Silva's car. Except for a broken mirror, I do not see any heavy damage on the vehicle to suggest that she "rammed" white's vehicle. In fact the right side looks to be in rather good shape. And for anyone looking at the front bumper, the honda bumper in those years were well known for paint chipping. That is not from her tailgating White. Just reporting what I see. Not taking anyones side here.

The photos wrote on Apr 17, 2008 10:34 AM:I forgot to mention. the rear windows are tinted, but not the front.

Betcha wrote on Apr 17, 2008 12:58 PM:No field sobriety tests were even performed on White... yeah I bet Silva wasnt screaming, crying, cause she had 2 bullets in her... bet she failed the nystigamous and had a heck of a time walking a straight line with all that lead in her.... She was in an ambulance and outta there so fast... but they order tox screens... White got a whitewash...

to esteban wrote on Apr 17, 2008 1:12 PM:How do you know she was trying to "run him down?" You can't assume and then tell us not to!! Your reasoning (like my spilling)is no better than a ducks most of the time anyway, Like I said on another post, Maybe she meant to shift into 1st and in her DUI state, she put it in reverse and gunned it thanking she was going to go foreword to get away from this ... guy with a gun? She taps his car in a DUI induced panic, and he lights her up with gun fire? No one is right, no one wins.

too esteban wrote on Apr 17, 2008 2:18 PM:by your reasoning, if I accidentaly cut you off and you lose your cool and yell at me and tailgate me, I can now fear for my life and shoot you and I don't need to worry about getting in trouble. Wow lucky me. And since I drive 120 miles a day I can now take every crazed driver off the road with impunity.

esteban wrote on Apr 17, 2008 6:18 PM:To "to esteban"...I agree, maybe she wasn't trying to run him down. If she shifted wrong gears, like you say, couple that with the tailgating, the revving, and the insane screaming, White would be correct to assume she WAS trying to run him down. That would still justify the shooting. And there you have it.

esteban wrote on Apr 17, 2008 6:20 PM:To "too esteban"...if you shot me because you cut me off and I yelled at you, you would not be following MY logic. But if I drove my car at you (intentionally or not) and you feared I was trying to kill you or your kids, yes you would be justified. Please don't twist my arguments around.

To: esteban @ 6:18PM wrote on Apr 17, 2008 7:08 PM:No esteban, That would justify the one(1) side shot, After that there would have been no immediate threat of danger because she would have already past him in reverse and in retreat.

to:esteban @ 6:18PM PM part 2. wrote on Apr 17, 2008 7:49 PM:Just to clair the air, the "one side shot" comment was for the sake of the argument only, I still don't believe it was justified.

ICE wrote on Apr 18, 2008 12:29 PM:>>There is a simple way to look at this: If I, a common citizen, did what White did, what would happen to me?

esteban wrote on Apr 18, 2008 3:43 PM:ICE...answer: you would be justified. Take the CCW out of the equation and just focus on the righteousness or wrongness of pulling the trigger...you'd be justified. Every citizen has a right to self defense.

Why? wrote on Apr 18, 2008 4:03 PM:why doesn't the video show the sides of her vehicle. It only shows the front. If she sideswiped his car, there will be damage on the sides... Show it in the video!Her lawyer obviously doesn't want it shown.

To esteban 3:43pm wrote on Apr 18, 2008 4:25 PM:And that is exactly what Silva was doing AFTER White showed her his gun, self defense from quick draw.
If stupid was a crime they'd both be locked up.

Roberto1 wrote on Apr 18, 2008 10:08 PM:Once she and her son collect our tax dollars in a civil lawsuit...she will be able to afford having someone driver her around...thank you officer white.

Kris wrote on Apr 19, 2008 8:16 PM:A few years back a drunk driver transporting illegal aliens hit a family I knew and killed an entire family of my friends so I have no sympathy for Ms. Silva. If she had continued on the road with her aggressiveness who knows how many people she would taken out. It was unfortunate that her 8 year old son was with her but since her vehicle windows were tinted dark and Officer White was unable to see her son in the car, yes, he is an innocent victim. CPS takes kids away from parents for less provable offenses I know they've done it to me. Give the kid to his dad. Don't persecute officer White and send Ms. Silva to a year long residential rehab. If she can stay clean and sober for 5 years then let her have a restricted license to drive to and from work and if she continues to remain clean and sober, then she can get a regular license.

Cop haters? wrote on Apr 20, 2008 10:08 AM:Thanks for the feedback. I understand why people from lower social classes dislike cops - for the most part they treat them like dirt - I have seen it many times. I just wondered if and why the middle classes would feel the same way. It appears that they are treated like dirt too. Why do we put up with it? Why do good cops put up with it? Why do they allow bad cops to tarnish their image? Perhaps it is time to rise-up and speak about this, as many have begun to do here, and demand a police force that can be trusted. Perhaps every single city should have a formal independent citizen review board to assure that the police or sheriff in their community is treating people fairly and with respect. Police need to respect us, and we should be able to respect them. It is clear from many of the posts here that we have a problem much bigger than this incident. This incident has brought the voice of the frustrated to our attention. Let us not ignore the bigger issue. The police SHOULD be here to serve and protect. I am appauled to hear that it has been removed from the cars - it should be tatooed on their heads! Perhaps, inspired by this frustration, we can come together to protest police misconduct in general. Perhaps a major protest rally at the Vista jail would get the attention of the powers that be. Good people should not have so much contempt for the police. It is alarming that there have been so many comments from people who do not have the facts, and such a large portion do not trust the police. They should be among the most trusted people in our society. Good cops should be at the front lines of this rally. Those who are speaking in suport of the off duty cop should also be alarmed by the public turning against the off duty cop and question why the public is so quick to express their frustration. Perhaps they have had enough. Lets put an end to this starting right here in North County! Anyone game?