REGION: AG mulls charges for O'side shooting victim
District attorney to decide whether officer will be charged
By COLLEEN MENSCHING - Staff Writer | ∞
The state has gotten involved in a high-profile road-rage incident in Oceanside involving an off-duty police officer and a mother and her 8-year-old child.
The attorney general's office will decide whether to charge Rachel Silva, the woman involved in the March incident that ended with the off-duty officer shooting Silva and her 8-year-old son, officials said Wednesday.
The San Diego County District Attorney's office will decide whether to charge Frank White, the San Diego police officer involved.
The two agencies "mutually agreed" to separate the cases to assure the public there would not be a conflict of interest, said Gary Schons, senior assistant attorney general.
"You couldn't get more distant," Schons said of his office and the district attorney's.
Attorney Michael Pancer, who represents shooting victim Silva, supported splitting the cases.
"It just makes sense from a conflict perspective and appearance perspective," Pancer said.
On March 15, an alleged road rage incident escalated into White's shooting of 28-year-old Silva and her son Johnny while mother and son were in a car in a parking lot on Old Grove Road.
Silva was hit twice in the arm. Her son was hit once in the knee.
Oceanside police have said Silva was intoxicated at the time, testing positive for alcohol and marijuana. Police said they did not test White for substance use at the time because he did not show signs of being under the influence.
Schons said an announcement about whether Silva will be charged may come within the next 10 days. Based on accounts of the incident, those charges may include driving while intoxicated, assault with a deadly weapon, and child endangerment.
The attorney general and the district attorney agreed to split the cases in April, on the day the Oceanside Police Department revealed the results of its investigation to officials at the district attorney's office, Schons said.
The district attorney did not ask the attorney general to take one of the cases and did not express a preference for handling one side of the case or the other, Schons said.
"It was just decided that we'd take Silva and they'd take White," he said.
The district attorney is responsible for reviewing all officer-involved shootings and determining whether criminal charges should be filed. Since 1996, there have been more than 200 officer-involved shootings in San Diego County. All were found to be legally justified.
Pancer said he did not see a problem with the district attorney's office deciding whether to charge White.
"I don't want to prejudge (District Attorney) Bonnie Dumanis' investigation," Pancer said. "I trust and am hopeful that she will conduct a thorough and complete investigation.
"On the other hand, I just can't think of how they're going to justify this shooting."
In April, after weeks of withholding key details about the incident, police issued a statement indicating that witnesses said Silva caused the confrontation on Old Grove Road, then followed White into a shopping center parking lot, "tailgating, revving her engine and yelling and screaming."
Affidavits say White fired five shots into Silva's car because he "feared for his and his wife's safety." White did not see Silva's son in the vehicle, the documents state.
Attorneys representing Silva and her son have said Silva's actions did not warrant White's lethal force.
White, who has reportedly returned to administrative duties, could not be reached for comment.
A representative of the San Diego Police Officers Association's law firm, Bobbitt, Pinckard & Fields, declined to say whether the firm was handling White's case, citing attorney-client privilege.
Representing White under the police union's contract would indicate that officials believe his role in the shooting falls within the "course and scope" of a police officer's duties.
Contact staff writer Colleen Mensching at (760) 739-6675 or cmensching@nctimes.com.
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JA wrote on May 28, 2008 8:33 PM:What a CROCK, the local DA keeps the cop case and the state takes the shooting victim. The state should take both, of course the SD DA has a conflict of interest as they rely on the cops for their investigating and 2 local PDs are deeply involved. This whole situation has stunk to high heaven from the very beginning!
Oh really wrote on May 28, 2008 8:36 PM:If White states under oath that he didn't see Silva's son in the passenger seat then, WHY DID HE PUT 2 BULLETS INTO THE PASSENGER SIDE OF THE CAR??????
StOrGtOffThPt wrote on May 28, 2008 9:26 PM:So many questions. Why didn't White get a sobriety test? Why didn't he have to go through normal due process for a weapons discharge. Why did he fire his gun? Was it justified? Yes, Silva may not be a shining example of society, but that doesn't exclude her from justice. It's time for someone to show some resposibility in this case.
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Bill wrote on May 28, 2008 9:52 PM:Well with the White case going to the DA, looks like he will walk free from attempted murder charges.
Here is your "get out of jail free" card courtesy of Dumanis.
Jeff wrote on May 28, 2008 10:06 PM:Attorney Pancer says he is hopeful that DA Dumanis conducts a thourogh and complete investigation, I hope he is right but given her history I am doubtful that she will.
Roberto wrote on May 28, 2008 11:56 PM:It appears all credibility is lost on this case.
I want to see wrote on May 29, 2008 6:41 AM:pictures of both cars, if she was using her car as a deadly weapon, then the officer has nothing to fear, as both vechiles would have substained major damange.
Randy wrote on May 29, 2008 7:46 AM:The D.A. keeps the cop case so the cop gets a "get out of jail free" card!
esteban wrote on May 29, 2008 7:55 AM:Same old tired naive arguments from the anticops. They have nothing new to say because they have no argument.
Peter wrote on May 29, 2008 8:10 AM:The AG’s office should take both cases and ask the U.S. Attorney’s office to investigate the pattern of all officer involved shootings/deaths in custody being justified. The notion of charging Silva with ADW is preposterous and this whole case continues to reek of cover-up. If White had reported his observations of Silva’s driving it would have provided grounds for stopping her and testing her, but with toxicology only being taken after she had been shot I have to question how solid OPD’s probable cause was, This case is now set for Silva to be hammered and White to be cleared. Why still nothing from White’s wife, paramedics, or other witnesses?
Odds are wrote on May 29, 2008 8:22 AM:that this is fixed esteban. I don't of any win-loss records of 200+ -0 that doesn't have opponents wondering how that could happen. Even the Patriots couldn't go 19-0, and they cheated.
You arent serious wrote on May 29, 2008 8:33 AM:"Pancer said he did not see a problem with the district attorney's office deciding whether to charge White." He may not but I do. Bonnie Dumanis has a poor track record when it comes to charging officers as they should be charged!!! However she has no problem charging innocent people of crimes. Isn't White back to work? Why bother to investigate she will exonerate the guy he's a cop, enough said. "I don't want to prejudge (District Attorney) Bonnie Dumanis' investigation," Pancer said. "I trust and am hopeful that she will conduct a thorough and complete investigation." I am hopeful that she will conduct a thorough and complete investigation but my confidence in that is happening is shaky. The case against White is finished!!! I just hope Ms. Silva is treated fairly and justly. I have mixed feelings about the fact the Dumanis doesn't get to decide to charge Ms. Silva lets not forget Cindy Sommer!!!
"On the other hand, I just can't think of how they're going to justify this shooting."
paul wrote on May 29, 2008 9:06 AM:With over 200 police shootings justified by D.A. Dumanis what are the odds of this officer ever being brought up on charges. Zero!!!
SM Citizen wrote on May 29, 2008 9:12 AM:Very Strange Case with two questionable agencies. Moonbeam and Dumanis
esteban wrote on May 29, 2008 9:20 AM:To "Odds are", The reason all the shootings were deemed justified is because....they were all justified! Simple as that. That means the cops are out there doing their jobs and you should be glad of that. Sorry to burst you bubble anticops, but there are NOT droves of rogue cops running around executing innocent people. If that is what you want, move to the middle east.
Cop wrote on May 29, 2008 9:42 AM:Silva will get what she deserves. She started this entire mess. To all of you underpaid, unemployed arm chair quarterbacks.......you're losers. Go back and watch Dragnet or Adam 12. ACLU card caring quacks. The moral of the story is don't commit crimes with your kids in the car.
To Esteban wrote on May 29, 2008 11:15 AM:You must be a cop since you support the system we live in so much. Your comments are'nt worth much since you don't really know what your talking about.. Thanks for your humor though. I think your the one who is naive
To esteban wrote on May 29, 2008 12:05 PM:"Odds are", The reason all the shootings were deemed justified is because....they were all justified!" No way, I find it odd that ALL law enforcement related shooting are found to be justified, now that is odd. It does not mean cops are out there doing their jobs they are out there taking the law into their own hands knowing they will get away with murder. Yes there are "droves of rogue cops running around executing innocent people." "If that is what you want, move to the middle east." Yep we can all move to the middle east and see first hand the murderous rampage we are on and the killing of innocent people we are doing all because of our lying President. Your argument does not hold water.
So Cal Native wrote on May 29, 2008 12:16 PM:We as San Diegans should be outraged! This is nothing more than a modern day COVER UP at the highest level. We need to take to the steets and protest outloud because I for one, AM SICK OF IT! OPD, SDPD & the DA are all in bed with each other to cover up all the mistakes that were made. Their mentality is PROTECT OUR OWN! Dumanis needs to leave along with other OPD top brass for covering this up. I AM FED UP WITH IT!!
Ski wrote on May 29, 2008 12:47 PM:To esteban: I love your comments and "the system" we live in
Not One Sided wrote on May 29, 2008 12:54 PM:Anyone who sees this case as black and white with guilt only on one side is as misguided as anything I've ever seen. Both of the so-called adults in this situation had the opportunity to walk away yet neither of them did. Silva is sure to get what's coming to her, but there is no way that White is a total innocent. He also should be punished for his misdeeds as well.
To Cop wrote on May 29, 2008 1:49 PM:next time you get in trouble, call for backup before you shoot. If he had followed procedure this wouldn't of happened.
Disgraceful wrote on May 29, 2008 1:52 PM:We are living in a society where cops can do anything they want, on or off duty, and won't be held accountable. Silva will be charged with her part in this and While will be exonerated. The ole "I feared for my life" BS will get him off, and his police buddies will celebrate what a great job he did with a wink and a nod. It wouldn't even have changed things had he killed them both. The DA will still find the shooting "justified" only because he's a cop.
What a disgrace!
Jimbo wrote on May 29, 2008 1:58 PM:The article in the newspaper is titled "State AG to weigh in on shooting".
It should say "State AG to weigh in on DUI". The shooting is still in the hands of the SD DA's office where the shooting will be covered up as all previous ones by cops.
When is her term over wrote on May 29, 2008 1:58 PM:HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA!! Oh boy let me take a deep breath and stop laughing long enough to say this is crazy "The district attorney is responsible for reviewing all officer-involved shootings and determining whether criminal charges should be filed. Since 1996, there have been more than 200 officer-involved shootings in San Diego County. All were found to be legally justified." Why do we tolerate this blatant act of lawlessness? What is up with Bonnie Dumanis? How do we demand fair treatment? Something must be done about this woman she is more rogue than the officers she exonerates. Remember these things at election time.
DEAR MODERATOR wrote on May 29, 2008 2:02 PM:JUST HOW DOES THE Cop @ 9:42 AM CONTRIBUTE TO INTELLIGENT DIALOGUE AND CIVIL DISCOURSE? THAT COMMENT SHOULD BE REMOVED IMMEDIATELY
Good Lemming wrote on May 29, 2008 3:01 PM:is justice a conservative or liberal ideology? the police state is nationwide and it was brought to you by the GOP. The people need examples, and it can happen to you. Orwell was 30 years off.
Reality Check wrote on May 29, 2008 3:08 PM:lets pull a permit from OPD to assemble for protest and have them video,start trouble and then arrest the dissenters. perfect plan,then Dumanis can trump up 3 strikes on the terrorist and send us to Gitmo.they have to hurry because they will only remain in power until the next election.
Ronson wrote on May 29, 2008 3:46 PM:Here we go again; White will walk and the system will try to hang Silva. How could she have been a "deadly threat" when she was backing up? Here's hoping Michael Pancer is a "Pit bull" type of lawyer
Not finished yet wrote on May 29, 2008 4:02 PM:So considering that Dumanis only has half the case to work on why hasn’t she finished yet? To Esteban, Cop, et. al, just because some of us are willing to consider that White may have been at fault doesn’t make us anti-cop. The police work for the people and are accountable to the people. For a society to function well the people must stay as part of the process. Paying the police and leaving them to their own devices is unwise and irresponsible.
Karma wrote on May 29, 2008 4:37 PM:When you do bad things - bad things will happen to you. What were the chances that these two personalities would cross paths. That is the amazing part - Same as the shooting in Temecula.
I remember what wrote on May 29, 2008 4:38 PM:maybe 10 years ago in San Diego, about six officers had a transient circled on the freeway, he was armed with a trowel, guess who died? And another transient in North Park with a cane, was shot.
to esteban from oh really wrote on May 29, 2008 5:53 PM:Please respond to the question that I posed, With something logical and believeable if possible.
Justice Doubtful wrote on May 29, 2008 6:18 PM:This incident along with the Foley/ Mansker, and other cop articles result in the people being doubtful that the cop will be charged and justice served. With the history of the San Diego County DA's office allowing hundreds of cops to get away with anything and everything there is good reason for this doubt. These articles are commented on by people like esteban and Cop who think cops can do no wrong. Also by cop's wives who whine and wonder why the citizens find fault with cop's, no matter how insane their behavior. They claim that people are "cop haters", or they just "don't appreciate how cop's put their lives on the line" or "I just don't know if he'll come home after his shift", bla, bla, bla. These wives and others who see the rest of us as disrespectful of bad cops need only to look at the Mansker and Frank White incidents and read comments by esteban and Cop to see why the average citizen is upset about the police being unaccountable for their actions.
To Justice Doubtful wrote on May 29, 2008 7:53 PM:I agree Justice is Doubtful! Bonnie Dumanis' record of letting cops off is blaring. I also agree with what you said as far as "They claim that people are "cop haters", or they just "don't appreciate how cop's put their lives on the line" or "I just don't know if he'll come home after his shift", bla, bla, bla." If they can't do the job correctly than they should find new jobs. They knew the job was dangerous when they took it and the wives knew it was a dangerous job when they said I do! Cops need to obey the law too!!!!
esteban wrote on May 30, 2008 11:46 AM:To "oh really", I responded over two hours ago but I think the moderators are asleep.
to esteban am wrote on May 30, 2008 9:44 PM:I'd love to see your perspective, please try again.
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