Too Bad wrote on Jun 9, 2008 1:13 PM:the officers case didn't go to the State. The San Diego DA office will let him walk just like all the other Police "incidents" that come before them.

Not Surprised wrote on Jun 9, 2008 1:25 PM:If White had followed allowed on-duty Oceanside police to handle the situation I would be all for Silva being charged to the fullest extent of the law, however, considering that White over reacted and OPD failed to test him for drugs and alcohol I would say Silva is being unfairly persecuted. White is back at work, and most of us familiar with the pattern of officer involved shootings know that the DA will probably clear him. Silva definitely needs to make changes in her life, but throwing the book at her after her and her son were shot, when White walks free just isn’t right. Also, if the State Attorney General’s Office is pursuing charges against Silva they should at least come and look at the area in which the shooting occurred and they would see that the short distances involved make it likely that if White did have to swerve to avoid Silva that he then cut her off to get in the parking lot ahead of her, thereby escalating the incident. Being a police officer and with his dispatcher wife saying the right things to a 911 operator he is confident of being cleared.

Monique wrote on Jun 9, 2008 1:27 PM:I think she suffered enough.
That cop should be punished for what he did. Just cause you have a hand gun doesnt mean you can use it to your advantage. Doing things out of anger is one rule cops need to realize.
Ya she was drunk,so why didn't he just get on his cell and call the police?
so he was an off duty then that means
at that moment he was a civilian just like us. She and her son literally took a bullet and the charges should me dropped against her.I think she learned her lesson about manners on the road by encountering that psyco cop.

Randy wrote on Jun 9, 2008 1:28 PM:This is priceless! The mother is charged while the shooter is free as a bird. Who said that justice is blind? Maybe justice was blind when our nation was formed two centuries ago. Justice today sees quite clearly, ensuring that there is nothing equal under the law.

Railroad Engineered wrote on Jun 9, 2008 1:41 PM:That did'nt take long. Is she beig chraged because she was drunk or because she was target practice for a lunatic?

Did she know a mad cop wrote on Jun 9, 2008 1:44 PM:was going to shot her child. Does anybody believe taking their child out will be shot by gunfire? I still want to see the photos of the cars that enraged the officer to fear for his life and resort to deadly violence.

Good to see wrote on Jun 9, 2008 2:07 PM:The woman is the victim to many, clear up until they would encounter her on the street in the dead of night. Then it would be a different story. She should be charged, and thank goodness she is being charged. Score one for those with common sense. The shooter is a whole different issue and will be settled by the courts.

She was DUI wrote on Jun 9, 2008 2:10 PM:She was dui with HER KID IN THE CAR....she could have easily kid him.

Serves Her Right wrote on Jun 9, 2008 2:13 PM:When you dirnk and drive, have some pot on you, and your son in the car, then you harrass and ram an off duty police officer you deserve to go to jail. WHAT IS SO HARD TO UNDERSTAND HERE PEOPLE? Just becuase your off duty doesnt mean you dont have the right to enforce the law and protect yourself. Instead of flaming the cop why dont you tell the mom what a moron she is for being drunk, high, and toting her kid around in a car?!?! I swear.............

jo wrote on Jun 9, 2008 2:14 PM:It's not like she's a real mom!! She drove her son around while she was intoxicated and she has a suspended license. She had drugs in her possession. I don't give much credence to what she has to say. It could be one of us regular people that she rammed her car into. It's a shame her son had to suffer because of her.

Next she will be charged wrote on Jun 9, 2008 2:17 PM:with impeding a police officers bullet. SHOW THE CARS!!! And pray to your maker there is no little dent.

What can I say but wrote on Jun 9, 2008 2:17 PM:GOOD!!! Remove the child and children
from the home.

This reminds me wrote on Jun 9, 2008 2:34 PM:of the dukes of hazzard, with Boss Hoag dishing out his brand of law. This is why we have juries ladies and gentlemen and this one definetly must go to trail before jurors.

NC Resident wrote on Jun 9, 2008 2:38 PM:It is simple the Mother was absolutely wrong and should be charged for the appropriate crimes (not overly which it seems to be in this case). The officer should also be held accountable for his actions and that does not seem to be happining in this case. Should it come down to the mother being overly convicted and the officer not facing any repercusssions that would be embarassing to both the OC and SD Police departments. The family of the child could also file civil charges which I believe will happen soon.

jvc wrote on Jun 9, 2008 2:42 PM:Because of the way the investigation
was unnecessarily drawn out to give advantage, Siva cannot be charged under the Sixth Amendment of the U. S.
Constitution!
....The accused shall enjoy the right to a speedy trial and shall be informed
of the nature and cause of the accusation ....

She doesnt have a leg to stand on wrote on Jun 9, 2008 2:59 PM:I was all for her until I heard she was driving drunk. To bad she doesn't have the intelligence to know when to drive. Feel bad for the son as he is the real victim. He deserves tens of millions from San Diego county.

Nutz wrote on Jun 9, 2008 3:02 PM:You all should have known that this woman was going to be charged with something. I'll agree that she's guilty of felony stupid by driving around drunk, but what does it take for a cowboy cop to spend some time in jail for being careless and firing his gun against an unarmed citizen?

Okay okay wrote on Jun 9, 2008 3:02 PM:let's get this straight. YOU are driving down the street, a car runs you off the road. When you regain your lane, the car tailgates you, revs it's engine and you can hear cursing or at the very least LOUD rants. You pull into a parking lot and stop and the car then sideswipes you, breaking your window. The car then backs up, poising for a more effective ramming. I know all you law abiding, police hating, citizens would VERY calmly try and talk to the maniac, right? The FACT that this "mother" did all these things, while driving drunk and high, WITH her son in the car, with illegal tinted windows, for the THIRD time, on a suspended license means the off duty cop has NO right to defend himself. I mean, after all, you just KNOW those off duty cops go out with their dispatcher wives just PRAYING for just such an altercation. GET REAL!!! Throw the book at this slob and give the cop a medal for taking her off the streets. The cop certainly DIDN'T endanger the child, SHE did.

Now its Whites turn wrote on Jun 9, 2008 3:05 PM:Hey, you people who think White was faultless, did you catch the part where it says: "She COULD HAVE faced a charge of assault with a deadly weapon if there was sufficient evidence that she rammed White's car with her own". You need to stop saying she "rammed" Whites car, or he "feared for his life". She will be punished as she should be. Now it's time for White to be punished for his part. You know, the part where he could have killed two people by firing 5 shots at the car's occupants over a road rage incident! Come on DA Dumanis, if you let this guy get away with terrible overreaction it will enforce the thinking by cops they can do anything they want without accountability.

MEM wrote on Jun 9, 2008 3:09 PM:COPS are people,too. Did he know there was a child in the car? Did he know the woman had a suspended license? Did he know there was pot in the car? Did he know the woman was drunk? Seems to me he saw a woman who was 'way out of control, a woman he felt was endangering others,including himself, and did his job! But that will be handled in the courts... I'd say the courts need to step in and take her license away permanently, take her car, and primarily, TAKE HER CHILD(ren) so they won't be placed in danger! Obviously mom needs a LOT of changes in her life, and I wish her the best, but the child(ren) need protection until and IF she gets it!

One good thing is that wrote on Jun 9, 2008 3:09 PM:the boy and his father who is suing everything in San Diego that isn't nailed down...Isn't San Diego hurting for money? Anyway the shooting details will come out in a new jury trial, unless there is 12 unexplained accidents.

shell wrote on Jun 9, 2008 3:11 PM:yeah take that kid from her and hopfully he will grow up hating cops

cj wrote on Jun 9, 2008 3:15 PM:they haven't reached a decision for what charge for the officer yet, that doesn't mean that he won't be. i believe that they were both at fault. he definitely shouldn't have shot, he could have called for back-up even if he was off duty. she shouldn't have been driving with an illegal substance in the car, or with a suspended licsence, or under the influence with a child in the car!!! how sad for the child to have witnessed this!!! she wasn't charged with anything that had to do with road rage, just with being drunk, having pot, and not having a licsence! basically, her own stupidity.

Leave it to the wrote on Jun 9, 2008 3:28 PM:jury, 12 people smarter than the AG and DA.

You know this can be stopped wrote on Jun 9, 2008 3:32 PM:make the officers buy their own bullets. San Diego police shot 15 people last year, killing six, reinforcing the department's spot near the top of state and national lists of officer-involved shootings. The phenomenon of officers in multiple shootings. Part 2: Violence on the job takes toll on emotional lives of officers Those shootings - the most since 1997 - have forced police to once again confront a serious issue that can outrage communities, shatter officers' lives and prompt suspicions that the department harbors trigger-happy cops.
In the 12 years from 1990 through 2001, San Diego police shot 151 people. They killed 81 - more per capita than officers in 14 of the state's 20 largest police agencies, more than those in Los Angeles, San Francisco and Sacramento, according to a San Diego Union-Tribune analysis.

Randy wrote on Jun 9, 2008 3:33 PM:Anyone who believes that the SDPD officer will be charged with any offense would buy land sight unseen!

Got exactly what she deserved... wrote on Jun 9, 2008 3:42 PM:Whether the cop WAS in the right/wrong, really isn't the issue here. The mother was subjecting a child, HER child to this dangerous enviroment. She DOES deserve to be punished for it, she DOES to deserve to go to jail for it!

Poor kid should be in everyone's prayers right now... that whomever gets custody next, does a heck of a lot better then "mom" did.

NC is full of crazies wrote on Jun 9, 2008 3:49 PM:May I never have to move to north county, where criminals are protected and police persecuted. Where they want to see drunk mothers endangering their children rather then going to jail for breaking the law. I say the son has been through enough and it best they take him away from his mother because who knows what else will happen.

You know, maybe you should pull the statistics on violent crime's in San Diego and see how much that has risen. Every year about 150 police are killed in the line of duty. That's one about every three day's. The most recent police officer to die was Friday:

Officer Todd Bahr was shot and killed while responding to a domestic disturbance call at approximately 11:05 pm. He and several other officers were on foot searching for the male subject when he was shot.

Nearby officers heard the shots and located the suspect, who then opened fire on them. The officers returned fire, wounding the suspect. The man then shot and killed himself before officers were able to take him into custody.

Officer Bahr's body was located approximately 15 minutes later.

One of the last shootings reported by local paper said: An arned roberry suspect was shot after he "harmlessly fired at an officer". Really?? Since when is it harmless to fire at someone. The news is totally biased and wants normal citizens to hate them.

To NC is full of wrote on Jun 9, 2008 3:54 PM:crazy kops. Were did you get that article did it occur in san diego or NC?

Truth wrote on Jun 9, 2008 4:14 PM:Truth is who really knows what is the truth anymore.

Seems like Silva is getting the Unfairly procesecuted!

This office will say and report what they will to make her look however they want the case to go! Seriously....

It sad because the people blogging Good throw the book at her, are the ones who are falling for this preseption!

Both parties are at fault, takes 2, but for the drug and alcohol since the off duty officer was not tested, they shoudl consider removing that from Silva record.

What a bunch of crap, I can't believe some of you would buy everything that they report!

More to NC wrote on Jun 9, 2008 4:18 PM:It seems to me I keep hearing about crime going down in San Diego County and segueing from your comment about violent crime to an incident of an officer being killed in Virginia is inflammatory. How does your rant about officers killed apply? The AG is saying that there is not enough to charge her with assault with a deadly weapon or even assault, therefore, it sounds like she was unarmed. The problem I have with her getting maxed out is that White will most likely go free.

One Down One To Go wrote on Jun 9, 2008 4:18 PM:Silva deserves every single one of those charges ... Now let's just see if White is also held accountable for his crimes. I've got my fingers crossed, but I won't hold my breath.

KJ wrote on Jun 9, 2008 4:18 PM:If the mother gets the child endangeremnt charge then it is certain DA Dumanis will charge White with atttempted murder, right? Where is esteban when you need him, on vacation? We need him to give us the final word and tell us to shut up.

my two cents worth... wrote on Jun 9, 2008 4:22 PM:This woman got what was coming to her. With that being said, I sure hope this cop doesn't get away with what he did either. He had total disregard for his actions also. Pulling out a gun with absolutely no thought of who might be in the car. Both of these hotheads sicken me!!

rhcp wrote on Jun 9, 2008 4:27 PM:if she wasnt drinking or smoking weed she might not have did what she did with her son in the car she still needs to be held accountable for her actions.and the officer who shot a this boy must also be held responsible just because the childs mom is not to bright doesnt make it ok for the off duty cop to do what he did.this whole case sounds like a police cover up which is not right and the police dept.should be ashamed no respect there r just as bad as all the law breakers

FTM wrote on Jun 9, 2008 4:27 PM:I said this was coming the day the times reported it but for some reason the time did not print my blog - probably a good thing - it's obvious the San Diego police are using every tactic in the book to scare this lady into dropping her suit against the cop.

Silva will be getting punishment for her crimes - I think we all expected that - the thing that is making we the public crazy is when will we know what the crimes are of the shooter? If I shot someone for a fender bender it would not be "self defense". I as a normal citizen could never get away with that. Why is this guy getting away with it?

We still do not have the facts in this case. There is the smell of a cover up getting even stinkier and strong arm tactics against the woman who was shaot are obviously in play here too.

Is there a paper or news outlet out there some where with the guts to dig out the truth on this story??

So Cal Native wrote on Jun 9, 2008 4:32 PM:Funny how the AG can review this case rather rapidly and the DA is trying to figure out what to do. This completely smells of COVER UP at the highest level involving OPD, SDPD and DA. Why do you think they kept the case? This goes to show that our DA is not capable of making a decision in timely manner on this one but instead, waits for a decision first by the AG clearing a path for this insufficient cop. This just makes me sick!! Policy for these agencies is "PROTECT OUR OWN". This is the true "above the law" legal street gang and they wear a badge.

Wheres wrote on Jun 9, 2008 4:33 PM:Sheriff Taylor when you need him. To many Barney Fifes running around with more than one bullet.

Road Rage is stupid wrote on Jun 9, 2008 4:36 PM:It stands to reason if she had not followed the cop it never would have happened. A lesson to be learned here don`t lose your temper even if someone else blatantly cuts you off. Shake your head in a calm manner & forget it. Road rage could get you killed. & if you accidentally cut someone off let them know you`re sorry & if they follow you call 911

Lisa wrote on Jun 9, 2008 4:37 PM:Maybe they will be lucky enough to share a jailcell.
The block that is designated for hotheads who don't think before they act, and endanger everyone around them.
Neither one of them should see daylight for awhile.

No surprise here wrote on Jun 9, 2008 4:42 PM:Didn't they charge the woman who tried to get Steve Foley out of Manskers line of fire with assaulting the guy doing the shooting. Sure thing that Silva will do time and White will skate free, the only justice will come for the kid in the civil trial. Hopefully the attorney will get a change of venue so that the 12 jurors don't have a financial conflict of interest.

THE ONE wrote on Jun 9, 2008 4:46 PM:I guess when a police officer shoots a child it is called child endangerment?

Different Issues wrote on Jun 9, 2008 4:56 PM:There are two different issues here that people seem to miss, or purposely ignore. 1) The shooting. It is apparently a road-rage altercation. This will likely need to go to court to determine the truth. 2) Her driving under the influence. That is what this story is about. What she has "endured" in the shooting has nothing to do with the allegation that she was drunk, holding pot, and driving her child around without a license. Just because other bad things fall on a person, it doesn't mean they should be cleared of all wrongdoing. For example, if the officer's parents died, should we be saying, "Well, he's suffered enough, let's drop the shooting charges." No.

Fortune wrote on Jun 9, 2008 4:58 PM:After being a cop for over 21 years in this community it sickens me to see the comments against cops in this blog. We do a job most of you wouldn't touch because of the lousy hours, lousy pay, and now thanks to Mr. Aguirre lousy pension. Let see maybe we should just give everyone a billy club like the bobbies in England and see what happens to Southern California, or the rest of the United States.

Silva caused this folks. And if you don't think Officer White isn't having nightmares and feels absolutely guilt ridden for having shot her son you're mistaken. I've shot two people in the line of duty. Two people who shot at me in an effort to kill me. I had nightmares for years. Because you naysayers forget this. Cops become cops to help people. And unlike the T.V. cops we dread the day we have to shoot another human being, because that is directly the opposite of why we become cops in the first place. But also remember we do this dirty, nasty job because we still believe in the good of people and that people need to be protected.

Next time you want to bash a cop why don't you look at the Police Memorial Web page. This month alone 5 cops have been killed in the U.S. go there and see what young man or woman gave his or her life for their community that day. Make sure you pay attention to the part about the wife or husband and number of kids they left behind...to protect you.

.../

to Fortune wrote on Jun 9, 2008 7:18 PM:Law Enforcement is a noble profession and also well taken care of. 90% tax free pension after 30 years is a lot better than the private sector. Every loss is terrible but law enforcement ranks much lower per capita at 18 per 100,000 than other professions top at 118 per 100,00 and construction lost the most workers at 1186 last year. You think that their spouses that are left behind are less special? The 2 persons that you shot, you said shot at you and that sounds 100% justified but in this case no one shot back.

Jeff wrote on Jun 9, 2008 7:18 PM:LOL at the comments. Here we go again!

Roberto wrote on Jun 9, 2008 7:20 PM:This is a ploy to lower the lawsuit payout to the son and her....the Officer should have gone to trial also...but even if he does, they will cover for him and we all know it.

Sad wrote on Jun 9, 2008 7:46 PM:This is sad and ridiculous. Charge the mother with child endangerment, obviously. But if any normal citizen got in an argument over a car accident and ended up shooting the lady's kid, I can assure you there would be charges filed. Someone must pay for the crime committed against this child. I agree with the person who mentioned that having permission to carry a gun does not entitle one to use it whenever their blood starts to boil. This trigger happy cop should pay for his crime.

HS wrote on Jun 9, 2008 8:19 PM:To: JVC

The trial would have been speedy if she wouldn't have waited several weeks to tell her bogus story.

She deserves everything she got in regards to punishment. She has been a long-time criminal with her record.

Remember, this wasn't the first time she was drunk with her son in the car.

This could have been an accident involving and possibly killing an innocent person including one of your family members

As for White, he will get his turn in court. I don't feel that he will get off because of the media frenzy that has already taken place.

jvc wrote on Jun 9, 2008 8:59 PM:HS: Are you kidding.....OPD sat on the investigation and it was not until a
councilperson spoke up and said the investigation was completed before OPD stepped forward to admit as much!

Big Suprise wrote on Jun 9, 2008 9:01 PM:Silva deserves these charges but what is missing is two counts of attempted murder for White.

Lame wrote on Jun 9, 2008 10:50 PM:I have never seen such a bunch of liberal anti-cop comments in my life. If you guys hate the cops so much then you're right to use 911 should be revoked permanently. Good luck.

To Fortune wrote on Jun 9, 2008 11:18 PM:I applaud you for your continued service. I have a son and 3 cousins who are currently law enforcement or retired. I have worked with law enforcement. In my opinion you don't get paid enough and as for retirement benefits you deserve all you can get. These idiots that bash cops do not have a clue. They all watch too much TV. So hang in there and don't let them get you down. Sure, occasionally, you will a bad cop but that happens in every profession.

Recall Bonnie Dumanis wrote on Jun 10, 2008 12:47 AM:Unbelievable, maybe they can just sentence this woman and her child to be shot, sentence served!

NP wrote on Jun 10, 2008 1:05 AM:You all are rediculous. Get a life if you think the cop deserves any jail and that silva is innocent. A cop defendended himself and his wife from a deadly weapon. bottom line is, a bad mother is off the street. a child is safe now. she deserved every bit of what she got. good job to the police officers that keep us safe!

Outrageous wrote on Jun 10, 2008 3:50 AM:WHO shot the kid? Let Silva shoot the cop! This is not New York. Let Silva SHOOT THE COP!!!

TKC wrote on Jun 10, 2008 4:22 AM:If an armed citizen had done the same exact thing as Officer White, what would happen to them?

What we have here is two classes of citizens...

jim wrote on Jun 10, 2008 5:35 AM:This blog is loaded with mental midgets. I support the police.

Sleeping but Awake wrote on Jun 10, 2008 5:43 AM:Clearly a defensive suit filed by the state to attack the victim and forestall potential financial liability. Shame.

crazy indan wrote on Jun 10, 2008 6:23 AM:she still hasn't given a statement I wonder why, if you were facing prison time wouldn't you be telling your side of the story. People read the whole story not just the part you want to read.

And thank you wrote on Jun 10, 2008 6:44 AM:How many months have I been asking for pictures of the vehicles, now it comes out it was some dents. If I am trying to kill someone with my vehicle I can assure you my vechile would have substanial damage. This has been lies and smoking windows, or make that tinted windows from the start.

It is so nice see wrote on Jun 10, 2008 7:16 AM:the cop bashes out in full force. Ok let start from the beginning.

1. Silva started this whole thing. Silva ran a stop sign and pulled in front of whites vehicle. SHE crossed 3 lanes of traffic to follow white into a parking lot.

2. Lets think of White here. He could have thought some strange freak was ready to commit a crime against him or his wife. Or, this was a possible retaliation against him from someone he arrested.

3. Silva is a loser who deserves to have her son taken away from her. Thank God the other inmates will treat her appropriately once she is incarcerated.

I pray this this young child makes a full recovery both physically and emotionally

Neighbor wrote on Jun 10, 2008 9:05 AM:A cop is a cop 24 hours a day 365 days a year. If White had reasonable fear for his life or the life of another, he had a legal right to use his gun to stop the threat. That same legal right applies to every citizen. Juries are regularly called upon to determine reasonable fear. From what I can see, so far, White would be happy to have me on his jury.

Stealth Juror wrote on Jun 10, 2008 9:09 AM:If I get on her jury...I'd hang those charges in good order. Cop was a cowboy WHO SHOT A KID for no reason. He should be the one charged.

To jim wrote on Jun 10, 2008 9:17 AM:At 5:35AM, "mental midgets" LOL, So you are saying, If you and another "mental midget" friend support the police, that would add up to one normal size supporter?

U all dont know what u are talking about wrote on Jun 10, 2008 9:20 AM:The only mistake that the cop did was shoot the kid but everyone is safe and Silva should be doing time remember people she has history of this and what was she doing following the cop i say she is guilty !!!! This is why there is so many people committing crimes out here because of all the morons that have nothing better to do than to blame innocent people .We need her side of the story where is it come on Silva if you are innocent prove it

Not my neighbor wrote on Jun 10, 2008 9:21 AM:Neighbor..

Im glad you’re not my neighbor. There is no justifiable reason to fire 5 shots at this woman and her son. They were both in the wrong and so are you on this one

So Cal Native wrote on Jun 10, 2008 9:31 AM:This whole thing smells like a COVER UP starting with OPD, SDPD and the DA's office. Why do you think they kept the officers case? The AG office sure can make a decision rather quickly on the victim but, the DA's office is still sitting on it. Manipulation of evidence?

To To jim wrote on Jun 10, 2008 9:35 AM:at 9:17am, sorry that simple arrangement of words was way beyond you capacity for comprehension, I did try to keep it simple for your types.
But the mental midget comparison, that would be for you and all White haters.
Did it sink in now?

To all cop haters wrote on Jun 10, 2008 9:45 AM:Some of you are unbeleivable, even when the AG's office gets the case and makes a decision, you still aren't happy. The DA's office hasn't come out with thier decision yet and you are still jumping the gun on a decision. Silva is getting what she deserves, according to her own statement on 911 she thought the guy was a police officer. I still think the Officer shouldn't have shot and something should be done and it may, I am waiting for all the facts, not like some of you police haters. That has to be the only reason why you think Silva is the victim here, even when the other witnesses, not associated with either Silva or White, state how Silva started the whole thing. Too bad when you hate something you don't think logically.

ABC wrote on Jun 10, 2008 9:50 AM:Good, the state acted as it had too... now the county has to charge White as well. It's pathetic that it's taking this long. To those who think that people who want him charged with a crime are "cop-haters" -- That has nothing to do with it. He was off-duty, never showed his badge. It's just hard to believe that if he were a regular citizen, he would've been immediately arrested. The fact that he was a cop makes it worse (not criminally, but logically) b/c he should have had the training to act more rationally (show a badge not a gun, don't shoot when your life is not in danger -- how does a car that just side swiped him pose a life threat?)

A mother and Grandmother wrote on Jun 10, 2008 9:56 AM:Was White wrong? I don't know all the details but I know the mother needs to be charged with all the facts that are known. She was intoxicated, had drugs, had no license, had a child in the car and should not have confronted "ANYONE". Did she suffer enough? Who are we to judge? She broke laws and should be charged. Sorry no pity here. What if she had been driving down the street and was in an accident with your family? Heaven forbid should your family member be hurt or killed. It would be a total different story. She does not respect the law and that was why she was driving. We should be thankful no one was killed. I feel for her son but those were choices she made.

To It is so nice to see wrote on Jun 10, 2008 9:56 AM:She entered Old Grove Road from a gas station in a manner according to White that caused him to swerve. Reports indicated White turned on to Old Grove from CA 76W, which would mean he made a left turn and should have stayed in the left lane as he made his turn. However, when making that turn the roadway veers to the left and I suspect White may have done as some drivers and turned into the right hand traffic lane. Old Grove is two lanes in either direction at that point and is divided by a median, so I would like to know how she crossed three lanes of traffic. Furthermore, the distance between where Silva entered Old Grove and the entrance where both turned into the lot is so short White could only have turned off Old Grove first if he accelerated hard and cut her off further instigating the situation. If White was going to be held accountable, Silva’s charges would be fair, but there is plenty of reason to believe that White will walk, and probably get an award next year.

Former Oceanside Resident wrote on Jun 10, 2008 10:04 AM:Let's all get this straight, and I am not defending the cop, but this was not her first offense, drinking and driving nor smoking a joint and god knows how many other illegal drugs. Has she suffered enough? Hummm.....I believe the "only victim" here is her son. Do I I feel sorry for her, nope sure don't. Only person I feel sorry for is her son, who had to go through all this drama which were cause by the actions of his own mother. I personally feel that Silva has proved time and time again that she is unfit and should turn over her custody rights of her son to her ex-husband. If she get's 6-years this will happen anyway. As for White, well he isn't getting away scott free just yet for the decisions he has made either. Note: he is still under review and I'm sure he'll get his own punishment.

FACT wrote on Jun 10, 2008 10:16 AM:A CHILD SHOT, AND ALL OPD CAN SEE IS THAT THE MOTHER WAS UNDER THE INFLUENCE.
DOES THIS KID HAVE ANY RIGHTS OR IS IT STANDARD PROCEEDURE TO SHOT KIDS ????
AND, WHY WAS THIS COP CARRYING HIS GUN IF HE WAS OFF DUTY. I DIDN'T THINK THAT THEY WERE ALLOWED TO. THIS DEFINATLEY SMELLS LIKE A COVER UP TO ME AND PROBLEY
ALOT OF OTHER PROBLEY FEEL THE SAME. LETS FOCUS ON THE RIGHTS OF THE KID.

A blind eye wrote on Jun 10, 2008 10:24 AM:One thing is clear, the public is sick and tired of abusive police and an abusive justice system. It is a shock to see that so many people are anti-cop, when it has been the job of the police to serve the community. What has gone wrong here? It is not just this case, but there is a strong anti-police sentiment here in North County. More then one in every 100 United States citizens are in jail or prison. It is time to turn things around before we are all are charged with a crime and lose our right to assemble and vote.

DEF wrote on Jun 10, 2008 10:28 AM:Police Officers are going to use that excuse all the time "I feared for my life" If he was a good police officer, he should of called the proper authorities before the parking lot incident and let the proper agency handle the situation..."I'm Officer White from SDPD, I have a suspect who is driving recklessly and is danger on the street, can you send me a black and white" now how simple is that, sometimes it's better being a good witness. He was in a unmarked car and it was dark, he said he yelled out, that he was a police officer. If I had a man or women yelling at me from a unmarked car and pointing their weapon at me and shouted they were a police officer, would I try to get away and the answer is "YES" because their are many crazy people out there and many who impersonate a police officer. If I am right, undercover police officers in unmarked cars are not allowed to follow in a high speed pursuit :-)

Stand back wrote on Jun 10, 2008 10:41 AM:The lawyers are lining up! SAN DIEGO -- A San Diego police officer was under investigation Monday in connection with an off-duty shooting that wounded a woman and her 8-year-old son in Oceanside, officials said. Franklin White, an SDPD patrolman since autumn 2005, was placed on administrative leave following Saturday night's shooting, which may have stemmed from a road-rage incident, according to Oceanside police. White, 28, was not arrested, SDPD Chief William Lansdowne said. Nice double standard, eh? "It's Oceanside's case, and they're going to handle the criminal side of it," he said. "We'll handle any (personnel) issues." Meanwhile the cop get to walk free while the victims get to go to the hospital. Nice.

Dont get me wrong wrote on Jun 10, 2008 10:42 AM:I love lawyers when they are on my side.

Some cops are so trigger happy. wrote on Jun 10, 2008 10:44 AM:they'll fire off a round at unarmed CHILDREN with no regret or remorse. The cop was obviously acting aggressively too. Time to charge both of them with child endangerment. Don't you love children? Did the child raise a gun at the officer as the car WENT PAST the officer? I agree with Stealth Juror, get me on this woman'sjury and she'll walk out of that courtroom. I hope she sues the cop, his wife, the city and the state AG officer. Now if I was on that civil jury, she'd be millionaire.

Toot wrote on Jun 10, 2008 10:48 AM:To all citizens of these great United States we have law and order for a reason. Stop It. If this woman would have been following the law and listen to a judge that told her you cant drive your car because of your conviction she would not have been behind the wheel of any car for any reason. Throw the book at her and take away the son from both parents.

Do the right thing wrote on Jun 10, 2008 10:48 AM:THE COP SHOULD BE HELD ACCOUNTABLE.

Black Balled wrote on Jun 10, 2008 10:52 AM:They must know I am a cop spouse and therefore do not print my words...ok, I'll keep it short this time and just say that I hope when I drive intoxicated and under marijuana on a suspended license with my son in the back seat and have the marijuana pipe in my pocket and drive aggressively against another car with numerous witnesses to this fact that I can use nctimes bloggers as my jury, that's all, just facts right??

Matt wrote on Jun 10, 2008 10:58 AM:Drunk and high; in possession of a controlled substance, suspended license, 3rd DUI in a year, road raging with her kid in the car...

I might not have preferred a confrontation with that many skeletons jangling in my closet.

jh wrote on Jun 10, 2008 10:59 AM:Child endangerment? The only felony charge filed against her? It's only to obvious that this is a not so clever attempt at legal postering on law enforcements part to avoid financial liability for injuring an innocent child. To protect and serve? B.S.!

To To jim wrote on Jun 10, 2008 10:59 AM:at 9:17am, sorry that simple arrangement of words was beyond you capacity for comprehension, I did try to keep it simple for you types.
But the mental midget comparison, that would be for you and all Officer White haters.
Did it sink in now?

Marine wrote on Jun 10, 2008 11:01 AM:This incident isn't about road rage so much as it is about wreckless endangerment, druk driving and potentially the excess use of force. Regardless of the charges (if any) against White, Silva needs to be held accountable for her inexcusable behavior. She needs help. Her punishment, and a lot of prayers, could be what prevents her from hurting herself, her child and others in the future. What a tragedy that would be. Now, whether there's enough evidence to bring White into court or not, he should be evaluated for future police service. From what's been described so far, he sounds like a loose cannon - though that's just from media reports and certainly doesn't include ALL the information needed to make that kind of judgement.

esteban wrote on Jun 10, 2008 11:03 AM:Still no new, rational argument from the anticops. Just the same old drivel that means nothing, "He was out of jurisdiction, he fired 5 SHOTS, he tried to kill the kid"....etc. All hold no water.

ABC wrote on Jun 10, 2008 11:14 AM:Black Balled ...PLEASE DO....But let me ask you this.....I take it your a mother and if you were a similar situation, don't take this the wrong way, I bet your a nice person but let's put you in Silva's position and some idiot is pointing a gun at you, what is your your reaction going to be....Stay there and get hit by flying bullets or do whatever you can to get out and if you have your children in the car, you are going to protect your children RIGHT.

Hows about we all wrote on Jun 10, 2008 11:39 AM:settle down and let 12 men and women sort it out.

I am glad we have so many wrote on Jun 10, 2008 11:41 AM:witnesses here, this should be a slam dunk case.

Since when... wrote on Jun 10, 2008 11:49 AM:is it ok to use a gun in a road rage incident? That results in a "I'll show you mentality"!!!

Heck you mean wrote on Jun 10, 2008 11:51 AM:they don't arrest you for driving drunk? Where do I sign up at?

Outside in wrote on Jun 10, 2008 11:52 AM:Dark night, Gang area Oceanside. "I live 1 mile from this area" Person acting crazy with dark windows "no one knows who he/she is" cant see inside the car. (gang members?? women? man? Dog? cat?") Oh... crazy person and a OD police man... Police man knows this area, Knows Gang members can be present, Knows gang members drive in cars with DARK tinted windows..Police man has wife in car..Police man more than likely fears for his and his familys life everyday due to arresting people during his life..
Shots fired....Now everyone has an idea of why and how it happened... FACTS damaged cars, SHots fired, people hit. Person on probation for PRIOR drunk driving "multple times", person with history of drugs, found with Pipe and pot on them, Found to be under the influance of alcohol and pot, Un licensed driving a car "with a child on top of all that"
Let me see. now I do not need to worry about her being stoned and drunk in my area " could have injured me or my family at any time OR killed" I always look from the outside in and have a very open mind. Officer DID NOT know a child was in the car "." She was WAY out of control over something SHE started and caused" just so happens a officer was involved...with a gun.. Me beleiving he was in fear for his life "see top of this" did ALL of us a favor. I have no sympathy for her or the band wagon for her.

To Marine wrote on Jun 10, 2008 11:58 AM:Your comments are all valid. And I don't ever trust the media to get the story correct.
Most bloggers here I would never want on a jury, what a bunch of screwballs.

Hey if I fear for wrote on Jun 10, 2008 12:00 PM:my life and I hear a strange sound in my house, alright for me to shot? I mean I won't shot my wife, hopefully, but if I hear a strange noise it is ok?

From this blog... wrote on Jun 10, 2008 12:08 PM:you think being a so-called "cop-hater" is a bad thing rather than the good thing it actually is.

To Outside In wrote on Jun 10, 2008 12:11 PM:The photos of Silva’s car shows the windows do not have a dark tint as put out by OPD. The moon was just past it’s zenith for that night and the illumination level was just shy of 69%. They pulled into a lighted parking lot. She pulled up so close to him (his driver side to her passenger side) that he couldn’t open his door fully, and she would most likely have lowered her passenger side window to yell at him so how does he not see the child?

To Outside in... wrote on Jun 10, 2008 12:14 PM:You questioned everyone who could be in the car EXCEPT A CHILD!!! Go figure!!

OMG wrote on Jun 10, 2008 12:18 PM:I just hope Little Johnny gets a huge settlement and takes Officer White to the cleaners. Officer White will get his turn.

DEF wrote on Jun 10, 2008 12:21 PM:How come I am not getting any response from Law Enforcement Officers on my blog...hmmmmmm

To PM wrote on Jun 10, 2008 12:26 PM:WHAT!!!

George wrote on Jun 10, 2008 12:33 PM:Does anyone know when the full investigative report on the Old Town shooting with ODP Scott Dibble will be released. I know it was found to be self defense, but what about charges for the other guys beating the cop?

Do the Right Thing wrote on Jun 10, 2008 12:51 PM:Silva should be held accountable for DUI.

Offcr White should be held accountable for firing his weapon.

They both showed poor judgement and criminal intent. Sadly, White's actions will be protected by the brotherhood and that is why people are upset. They have no allegiance to Silva, we just what DA Dumanis to DO THE RIGHT THING.

get over it wrote on Jun 10, 2008 1:43 PM:I wish everyone would just get over this whole thing. The only criminal has been named. Everyone is yelling " he tried to kill her son" do you really think Officer White looked at her son and said ,"ah, an easy target!" get real. He probably feared for his life as she pulled up next to him and began to lower her window, can you say "drive by"? I do not blame White from pulling the trigger, it is sad yes that the boy was hurt but that is his mothers fault, thankfully she did not wrecked the car while chasing down White and kill her son herself, but of course that would have been the officers fault, for running from her!

LOL wrote on Jun 10, 2008 2:20 PM:As much as I believe the off duty cop was wrong, some of the blame has to go to Silva. She should have used common sense and common sense was sitting in the passenger seat. I would not confront anyone over some "you cut me off" b/s, especially when i have my kid in the car. I'ld just take my loss and go home and watch the disney channel with my kid.

To ABC wrote on Jun 10, 2008 2:51 PM:Your whole argument can be turned to the mindset of White. Given the situation, and a weapon to protect myself and my wife, I'd have started shooting too! Also, she told 911 she thought it was a policeman, so all she had to do was stop trying to ram his car and/or flee, and NO ONE would have been shot. But maybe she was too drunk to make a rational decision. I think White would have been a fool not to use it, given what he was seeing from Silva, and especially given the area which is right around the corner from known gang territory.

RG wrote on Jun 10, 2008 3:12 PM:I sure hope the comments here by those supporting White's actions are not representative of the majority of cops. If they are, we (citizens) are in worse trouble than we had realized. I haven't read any blogs where people say Silva was innocent and White should be prosecuted. On the contrary, people seem to agree that Silva was wrong in her actions and should be held accountable. We only want White to be held accountable for his actions also. What is scary about this incident is the cop supporters can't see where White did anything wrong. Firing 5 shots at the occupants of a car in a parking lot and nearly killing two people is okay with them. Okay ONLY because he is a cop, and cops should be able to do anything they want, on or off duty. If these blogs are indeed representative of the views of all cops, there is no wonder cops have lost their credibility with the citizens.

Rage is the point wrote on Jun 10, 2008 3:28 PM:The cop was not afraid, he was pissed. Why else shoot 5 times?

Dude wrote on Jun 10, 2008 3:48 PM:This is not a situation where if Silva is charged then White can't. Silva's charges seem quite fine to me. However... White discharged his weapon in a reckless manner and injured two people. If he was "in fear for his life" from this situation, one word comes to mind, COWARD!

Call 911 in an emergency and the police will show up, to photograph your body!

To RG... wrote on Jun 10, 2008 4:00 PM:I totally agree. I guess these cops on here view citizens as a problem when they don't agree with what White did. Cops are somehow confusing what Silva did as ok. The majority on here don't think what she did as ok, but want justice for White too. I guess I can turn that opinion around from me being a cop hater, to the cops hate the public. That ole song and dance works both ways!!!

RBV dad wrote on Jun 10, 2008 4:11 PM:Esteban's comments are brief, to the point and 100 percent correct. Personally if some nut was trying to ram me with a 1 - 2 ton weapon I'd do WHATEVER it took to protect my wife and/or family. END OF STORY.

Not a cop basher wrote on Jun 10, 2008 4:33 PM:But why was he fearful when she was putting her car in reverse to LEAVE?

Also, how drunk could she have been to be able to all 911 and say "a man is pointing a gun at me."

And what was he doing then? How threatening is a woman in the car talking on a cell phone?

Yes, cops are human, but when I make a mistake at my job, I pay the price, up to and including suspension and even termination.

I am tired of cops just saying "I was in fear for my life" and getting away with whatever error in judgment they make.

Finally, an officer is responsible for wherever his bullets travel. "I didn't see the kid" is not an acceptable excuse...

To RBV dad... wrote on Jun 10, 2008 5:00 PM:I didn't recall anywhere where she was trying to RAM his vehicle. I believe it was a sideswipe of his vehicle when she was backing up to get away from this NUT!!!

TO RG wrote on Jun 10, 2008 5:11 PM:Some are so quick to label 'cop hater' when you're right, it's blind support of the cops no matter what, just because they're a cop. I think most of the opinions have been fair and well thought out. Silva messed up, so did White. Get it all out. Don't let one hide behind his badge. No one is above the law. What he did was wrong. No other citizen could have fired a weapon into a car like that. Why should he be able to, just because he's a cop? He should be held even more accountable because he's TRAINED to handle these volatile situations.

Hold White accountable or public distrust will continue to grow.

to George wrote on Jun 10, 2008 5:14 PM:RE: Old Town Shooting - I heard that outside agencies (FBI?) are being brought in because of questions the way the investigation was handled, Dibble got preferential treatment from the get-go, etc.

Thankful wrote on Jun 10, 2008 5:30 PM:I am so thankful that Silva is getting the right act read to her as well. I understand that she is the "victim". But with her driving while intoxicated, with a child, on a suspended license, which one of us were going to be the "victim". It is fine if you want to sit at home and drink youself to death, that only effects you. But when you get behind the wheel while intoxicated, you are taking everyones lives into you hands and effecting may people by your stupidity. Maybe this was the best thing for her to wake her up and realise that she needs to be a good mom and raise her child with good values and common sense.

Railroad Engineered wrote on Jun 10, 2008 6:41 PM:If the child died would the mother be charged with murder? Just another B.S. law for the Just-Us system.

Please Esteban wrote on Jun 10, 2008 8:03 PM:Please explain the 2 shots in the passenger side of the windshield. Even if the car was being used as a weapon
(and I don't believe that for a minute) shooting the driver stops that threat. WHY shoot 2 times at the passenger side and please be logical and factual.

Please wrote on Jun 10, 2008 8:23 PM:So White should be convicted for what? For driving and minding his own business. wow! So I guess White was out looking to shoot someone that night?

I guess he was intentionally aiming at the little boy!

People get over it! Silva instigated the whole incident. I had cut people off in the past and people had cut me off too, I have never, even if I was alone, ever confronted it anybody over a road rage incident. A flip of the finger should have suffice!

I can't believe people have the nerve to blame White.

I could have blame White if he was alone in the car, but because his wife was in the car I can't blame him for doing what he did.

IF YOU PLAY WITH FIRE YOU MIGHT GET BURNED

Deborah wrote on Jun 10, 2008 8:43 PM:Rachel
Please still go ahead and pursue it against the cop for what he done to your arm and to let you and all others know..the D.A. is for the cops!My husband is not for the justice system.
Just rememeber he was off-duty and I still think he should of not shoot at all and all guns left behind to all cops who are off duty!!!!!!!!!!!!!!!

You all need to stop wrote on Jun 10, 2008 9:33 PM:Please people there are three sides to any story. His side her side and the truth. It is high time you all look inward and look at what some of your comments are. She was wrong for doing what she did. He had to be at some level of fear. It is just as likely she could have injured even more people with her driving. He is not cleared either. It is upto hopefully 12 semi conscious adults to decide. You have to take into account what White does for a living. there are so many times an off duty officer is shot. The bad guy's do have sophistication enough to follow police officers home etc. Think about it people. The job itself does entail a certain level of fear on or off duty. As for the rogue cop off duty out of jurisdiction. I do beleive that a dully sworn officer is on duty 24/7/365.

Look into it.....

Carol wrote on Jun 10, 2008 10:49 PM:Why wasn't my earlier comment printed? Was it too reasonable? Try again - I feel the woman shouldn't have been driving drunk, of course. But I do believe the cop should be held to a higher standard and since he lost his cool and fired his gun at an unarmed woman and child, I think he should be stripped of his badge. If she is charged and he is not, I think she should contact the ACLU to review the matter of a double standard.