REGION: In-laws defend police officer, demand charges be dropped

Officer Frank White's family breaks silence

By TERI FIGUEROA - Staff Writer | Friday, August 29, 2008 11:19 PM PDT

Shanon Buckingham, left, and Burgandy Fletcher address the media at a news conference near the front steps of the Hall of Justice in downtown San Diego on Friday. Both are sisters-in-law of San Diego police Officer Frank White. (Photo by Don Boomer - Staff Photographer)

SAN DIEGO ---- Political and public pressure pushed the county's top prosecutor to criminally charge a police officer for shooting an Oceanside woman and her young son, the officer's in-laws alleged Friday morning.

"Drop the charges. They are unjust," said Burgundy Fletcher, sister-in-law of San Diego police Officer Frank White, as she was flanked by another sister and their father at a news conference near the front steps of the Hall of Justice in downtown San Diego.

San Diego County district attorney's office spokesman Steve Walker declined to comment on the allegations made by White's in-laws.

White is the first police officer charged in San Diego County in more than a dozen years for shooting a perceived aggressor.

He was charged last month with shooting Rachel Leann Silva and her 8-year-old child after a March 15 road-rage confrontation that ended in an Oceanside shopping center.

White was off-duty, out of uniform and in his personal car at the time. He has pleaded not guilty to brandishing and negligently discharging his gun and faces a maximum sentence of nine years.

Prosecutors in the high-profile case say White and his wife, Jacquellyn, were in his car when he shot at Silva's car after a shouting match after they nearly crashed on a nearby street.

According to police accounts, Silva tailgated and pursued the off-duty officer into a parking lot, screaming at him as she revved her engine and eventually clipped his car.

Police said White told them he fired out of fear for his safety and that of his wife. Silva and the Whites called 911 during the confrontation.

Fletcher, who is Jacquellyn White's sister, accused District Attorney Bonnie Dumanis of succumbing to public pressure to criminally charge a police officer for shooting an unarmed person.

Dumanis took heat last year when she decided not to levy charges against another off-duty officer for shooting then-Chargers starting linebacker Steve Foley during a confrontation on Labor Day weekend in 2006.

In that case, rookie Coronado police Officer Aaron Mansker was not criminally charged with shooting Foley. However, the city of Coronado settled a civil suit with Foley last month for $5.5 million.

"I think the public felt let down by her lack of response or action in that case, and they are going to try and get Frank for that," Fletcher said. "It is our opinion that she is trying to make up for not doing something in that particular case."

Silva faces charges for allegedly escalating the clash, and has pleaded not guilty to felony child endangerment and a list of misdemeanors, including drunken driving.

White's bullets struck Silva twice in her right arm. Johnny Silva, who was in the passenger's seat of his mother's car, was hit once in his left leg.

Friday's news conference under gray and muggy skies marked the first public comments from White's inner circle. The officer and his wife, Jacquellyn, a dispatcher with the Carlsbad Police Department, did not attend.

White's family said they broke their silence to fend off "misconceptions" and demand the charges be dropped.

"In short, we've had it," said Fletcher, who lives in Utah.

She said her sister and brother-in-law are victims, "first of Rachel Silva and now of the very same legal system they both serve."

"They were put in a life-and-death situation and responded accordingly," Fletcher said.

She also said that neither White nor his wife knew a child was in the car.

White's family said they were upset that Silva was not charged with anything related to striking White's car with her own. Using a vehicle to deliberately hit another can be considered an assault with a deadly weapon.

Supervising Deputy Attorney General James Dutton, who is prosecuting Silva's case, was out of the office Friday and could not be reached for comment. But when the state attorney general's office charged Silva in early July, it announced there was "insufficient evidence" to charge her with ramming the car.

Silva's attorney, Michael Pancer, said Friday that he thinks the charges against his client were levied only after "careful consideration" by state prosecutors.

"I am confident that they did not go into this sympathetic to Rachel Silva," Pancer said of the state's prosecutors, "and they charged every crime that they felt was appropriate."

Under a deal struck a few months ago, the state attorney general's office is handling Silva's case, while the San Diego district attorney's office is probing White's role in the shooting for criminal culpability.

Officials said the two agencies separated the cases to ensure there would be no conflicts of interest.

The White and Silva cases will be tried before separate juries. Silva is due back in court for a brief, routine hearing on Sept. 22. White is to be in court for a similar hearing in early November.

White's in-laws said they recently established a Web site ---- www.thetruthaboutfrank.com ---- to tell their side of the story.

They have also started a letter-writing campaign, targeting local, state and federal officials, asking that charges against White be dropped.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

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82 comment(s)[-]Go to Top

Marilyn wrote on Aug 29, 2008 7:14 PM:A cool headed police officer would have defused the situation.Some people just arent meant to be police officers. This is a good example.White makes other officers look bad.Its a shame.
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White has pleaded not guilty to brandishing and negligently discharging his gun.
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she screamed and revved her engine...you pull out your gun and shoot!
Where was your training?
What would have happened had she given you the finger?

Shoot a child!
Please take ownership of this act.Be a man.I too believe the DA's office to be highly political but White has no excuse for his actions.

My two cents worth... wrote on Aug 29, 2008 7:29 PM:So we are suppose to feel any different for White because these two women on here are shedding a tear for this guy? I am not defending Silva for what she did either but that gave White no right to pull a gun. He messed up, so stand up and be responsible for what you did. If it was their family that was shot at it would be a different story!! Boo-Hoo

GLS wrote on Aug 29, 2008 7:56 PM:So, how would this story be playing out if the "shooter" just happened to be an armed civilian? What gives an off-duty cop the right to respond in a manner that's any different than the rest of us when it comes to dealing with ..., just because he happens to have a legal right to carry a gun?

To GLS... wrote on Aug 29, 2008 8:14 PM:We would be sitting in a jail being tried for attempted murder.

esteban wrote on Aug 29, 2008 8:21 PM:You anticops still know nothing. She revved her engine and he REASONABLY felt she was gonna ram him. So he did what any courageous person would have done...he defended himself and his wife!!! He's alive to defend himself now in court and I am pretty confident, that IF he gets a fair trial, he will be vindicated. If I was armed, I would have done the SAME thing. You anticops can go rot in....

to esteban wrote on Aug 29, 2008 8:56 PM:You wouldn't know an open mind if it bit you in the nose. Go ahead and stick your guns, keep your head in the sand and live in your 'I'm always (and all) right and you're always (and all) wrong' world. Everyone else can see they BOTH behaved incredibly badly and they BOTH should suffer the consequences.

What stops a car the tires or shoting the driver wrote on Aug 29, 2008 9:04 PM:If he reasonably believed she was going to ram him, it would seem that the tires would be a better target. Of course, since he was in the car, some tactical driving would have been more appropriate.
Be sure of your target, be sure of your backstop. This man shouldn't be carry a gun, never mind an LEO.

This Esteban... wrote on Aug 29, 2008 9:28 PM:is a comic! We all know he is a cop so please people, he can't take the heat. Hopefully he won't shoot

Esteban.... wrote on Aug 29, 2008 10:00 PM:says if he was armed he would have done the SAME thing. Wow, that is really scary. I pray I never encounter you on the roadway. You do not sound stable at all.

to estebum wrote on Aug 29, 2008 10:05 PM:If you did the same thing as White did, YOU would be sitting in jail right now, so who would be rotting in?

just a mom wrote on Aug 29, 2008 11:32 PM:Now, if the tables were turned, and Mr. White had been the one injured, they would be demanding justice. Rachel Silva will be held responsible for her actions, shouldn't we expect the same of Mr. White? Police officers are not above the law. technically that is.

Funny wrote on Aug 30, 2008 12:31 AM:You should recruit Esteban to hold a bake sale and car wash to raise funds for Ex-Officer White! Maybe even a cake walk. That way Estaban can be useful to the community.

In case you didnt know... wrote on Aug 30, 2008 4:24 AM:Just a little gee whiz info for all you anticop people, in California, like most of the other states, police officers are always on duty even when not in uniform.If it was you in that car that was rammed and they were there helping you, how would you feel about him then.... The problem with most people is they are too quick to judge before knowing everything. Keep that in mind next time somebody has some roadrage against you.

JimRT wrote on Aug 30, 2008 6:14 AM:To "My Two Cents Worth" - I agree, they were both at fault, but he pulled a gun and tried to smoke them. You just can't have that; there are laws for a reason.

To Esteban - WHAT! Are you crazy? What you are saying is that you prefer a world without laws. Trust me, in a world without laws your rhetoric would be bad, very bad. There are people out there you cannot imagine and the only thing keeping them in check, are the laws.

No story here wrote on Aug 30, 2008 7:17 AM:Now the NCT is making a story from the opinion of someone. Why not do an article on what every blogger thinks. Who cares what a family member thinks. THIS IS NOT NEWS

jimmy wrote on Aug 30, 2008 7:52 AM:well I for one will be watching this case carefully, and I can assure you that "if" white is not charged in the case, I will be keeping a gun in my car from now on, and will use this case to justify any roadrage I get involved in.
And of course, I will be in fear of "my life".

Sandy wrote on Aug 30, 2008 8:00 AM:They should both be held accountable, period. He negligently fired his weapon. They both used poor judgement but he was the trained officer. With privilege comes responsibility.

Responses wrote on Aug 30, 2008 8:07 AM:North County Times - Stop the yellow journalism... There are a few people who comment by attacking other's beliefs and ideas. One in particular always begins his diatribe with - To and the person he is attacking-. NCT -your responsibility in journalism is to allow freedom of expression, not the combative personal attacks that some of these cyber-bullys need to justify their shallow lives. Any time someone begins with - To - you need to ask them to stick to the story.

For Petes Sake wrote on Aug 30, 2008 8:17 AM:HE SHOT A KID!!!!

Sandy wrote on Aug 30, 2008 8:17 AM:You know, I just played the video of the comments of the sister in law and she states she wrote to Fenstein, Boxer, Arnie, Brown, etc. but SHE WAS NOT THERE and can only give her opinion. They act as if he should be given special protection because he's an officer but that's just it, he acted negligently, he was not on duty and he did not use his training in this situation. She said she does not want to "try this case in public" but she is! Be quiet and let it go to trial and have all the facts come out. I guarantee it will most likely end in his favor but let's hear from both sides in a courtroom, okay? The public has a right to question why an armed off duty cop shot at a woman and her child!!!!

chickenlittle wrote on Aug 30, 2008 8:57 AM:I just read "The Truth About Frank"
As bad as I feel for all families involved I must say it sounds like a lot of hogwash. I could "shoot" holes in a lot of what they are saying. Maybe because they weren't there.
I was wondering, what three lanes of traffic are they talking about, and the small space between where she pulled out and they all pulled into the same shopping center is very short. I could go on, but everyone gets the picture.
On a personal view, I think it possibly could have been diffused. If I was thinking it was gangbangers I would have fled, got away from the situation.

Gene wrote on Aug 30, 2008 9:00 AM:To "IN CASE YOU DIDN'T KNOW" Are you being serious. You are not making sense in your post. You must be a Police Officer. Yes...Police Officers are on duty ALL THE TIME and they are held to a higher standard. A good police officer would of called the proper agency, gave description of the make, model, license plate of the vehicle and all this wouldn't of happen. You mentioned police officers are police officers all the time, explain the two officers from Oceanside Police Officers who were arrested on (DUI and Domestice Violence) "If it acts, walks like a duck...then it's a DUCK"

Hank wrote on Aug 30, 2008 9:22 AM:Here is my thought on this travesty of in justice. A Bill should be passed and made in to law that allow all civilians in California the right to carry a gun for personal safety or life threatening situations. For Officer Frank White should commended on how daily everyday problems should be solved. In the light of this officers would no longer be needed..... But thank God such a law does not exist and knowing this I can sleep at night or out and about that well trained and respected officers serve and protect California....?

Damage wrote on Aug 30, 2008 9:30 AM:Anyone notice the extent of the assault keeps getting reduced? First out, Silva assaulted White with her vehicle, she collided, she rammed, but this article now says she "clipped" his car. Have there been any published pictures of the damage to his vehicle. Her car looks like it was driven in a demolition derby, but most of that looks like old damage. Is his car pristine, totaled, or somewhere in between?

JimRT wrote on Aug 30, 2008 9:39 AM:To "In case you didn't know" - Yes, cops are always on duty, it is a hard job. Now to point, if an off duty officer pulled his weapon in a situation where there were cops on scene, the off duty would be treated as a suspect with a gun even if he did flash his badge, until it could be verified. Gee Whiz - didn't know that?

Now as far as being rammed with my wife and kid in the car; I would have driven out of the situation ASAP and let uniformed cops handle it. The only reason he did not leave and let uniformed cops handle it is because he had a gun. It is not like the fool female was going to continue on a killing spree

My cents wrote on Aug 30, 2008 9:48 AM:First of all, in San Diego County law enforcement officers are allow to shoot at tires, engines, steering wheels, etc. In case you didn’t know a flat tire does not stop a vehicle. This is not Hollywood it’s the real world.

So if you and your wife are in the car and you see Silva acting “crazy” as she is backing up towards your vehicle,

Do you A) Sit in your vehicle and hope she doesn’t kill you, B) Start praying for the cops to get there soon or C) protect your family.

Of course you are going to say wait for the cops, why? Because none of you were there, so you don’t know how White or his wife felt.

Like I said before, these “victims” that get shot by the cops always have one thing in common, they are either drunk or high on drugs, in Silva’s case both.

It’s funny when they get shot by the cops they turn into such angels. For example, one of the so call victims of the Vista Sheriffs was portrayed as an angel when he shot. It’s funny because I just saw his video in YouTube throwing gang signs and holding several guns. I’m sure he didn’t legally purchase those guns!!

I’m all about holding Cops accountable like Mansker and others. But in White’s case, The DA is basically saying you can’t defend yourself whether you are a cop or not! Thinking about it? The next time some crook breaks into your house, can you shoot him? Or are you just going to call the cops while the crook goes after your family!

Let it Play Out wrote on Aug 30, 2008 9:55 AM:The DA is acting appropriately. Let a jury decide if he had a reason to feel he, and his wife, were in danger.

In my opinion (I'm not on the jury), using a firearm to defend yourself when you believe you life is in danger is what firearms are for. Given the time frame, which can be counted in seconds, and the tinted windows, and the area (near known gang neighborhoods), and the way he was chased down in a parking lot, I don't think his response was unreasonable. In hindsight, sure, it could have been handled differently. But I can't believe so many don't see the difference between just blasting away at someone at random for a dirty look or being cut off, and what happened here.

If Silva had been a gang member, in a car with other gang members, who had pinned him in his car with theirs, gotten out, and shot White and his wife, you'd all be wondering why he didn't protect himself. Violent criminals have kids too, and they haul them around with them, so that means you can't protect yourself just because they have little Johnny with them? Sorry, but I don't blame him a bit. He didn't know if he had time for an alternative. He didn't know if he had time to call for help (which BTW, his wife had already done, knowing full well what the response time would be). He didn't know if he could "lead them" to a police station (dangerously naive solution when someone is trying to kill you anyway).

So, as I said, let the jury decide.

well too bad... wrote on Aug 30, 2008 10:14 AM:well too bad...in-laws don't get to decide who is charged and who isn't. I'm sure the drunk woman the OFF-DUTY officer shot and/or the child he ALMOST KILLED have relatives that would demand the charges be filed. Why is this a story? Are we going to poll the family members of criminal suspects now using the headlines as a forum?

scott wrote on Aug 30, 2008 10:24 AM:good thing everyone doesnt carry a gun when they get road rage
police think they are so above others

Sleeping but Awake wrote on Aug 30, 2008 10:44 AM:Well, if the cop was correct in this matter he will be vindicated.

If he acted rashly and stupidly he will get punished.

My guess is that he willbe found guilty and not spend anytime in prison. This will move to a civil suit and he will be convicted and both he and the city willpay a ton of money to get this thing done.

Bottomline - too bad...too sad

NONSENSE wrote on Aug 30, 2008 11:07 AM:If the officer felt he was in such danger AND there was no gun but his displayed - why didnt he just drive away like to the POLICE STATION while calling 911? There is NO JUSTIFICATION for his pulling the trigger - let alone so many times.

Murph wrote on Aug 30, 2008 11:14 AM:The charges will not be dropped. The female DA has to appear 'tough on crime' because she can't appear wishy-washy. The trial will result in exoneration of the officer, just like the recent civilian trial of the Marines. No jury will ever convict the police who have sworn to protect them. He may be required to attend remedial judgment pistol shooting and additional training, but he isn't going to do any time in jail. An experienced officer would have 'played as he has practiced'. That is...take cover and call 911. Silly waste of time & money.

southside wrote on Aug 30, 2008 12:06 PM:I can assure you that either way, his career is really over. It will never be said but regardless of the fact that others just ignore his poor judgement, his police management know that they can't trust his judgement, especially his lack of common sense when needed the most. Why so many shots? can't have a witness. W/O at witness, his story was gold

They will... wrote on Aug 30, 2008 12:09 PM:settle in a civil suit and this nut will keep his badge.

Tears are not enough wrote on Aug 30, 2008 12:17 PM:Nice try ladies but this cop is out of control and should be tried to the fullest extent of law. Criminals belong in jail!!! I am sure you love him all criminals have someone who loves them that is certainly not the scale we use to determine if they be charged with a crime or not. Lock this rogue cop up now for the public good.

Gene wrote on Aug 30, 2008 12:25 PM:To Murphy...Put me on the jury and I will vote to lock him up. He shot a child. He needs to be taken and hauled away to the big boys prison.

Todd wrote on Aug 30, 2008 12:55 PM:Hey Esteban Im thankful to the good Lord above that a BULLY cop finally has to account for his actions which were WAY out of control for the situation. Also, I hope you did waste your time and gas coming to the now out of business COP gym. HA HA I guess it doesnt pay to do business with cops.

AJ wrote on Aug 30, 2008 1:13 PM:According to the reports, Silva's car was beside Whites car, blocking him from getting out. He shows his badge and gun at that point. Heck, if you were Silva, and someone pulls a gun out on you, would you just sit there and get shot, or try and pull away? She pulls away and hits his car, and he shoots? He should have been smart enough to realize he just spooked her and that is why she attempted to drive away. If the car is not coming directly at him, try to ram him and/or kill him, why was he so scared for his life? It just makes no sense. He just made some poor choices. However, it was a tense situation. I hope he gets convicted, but I hope he only gets a short time in jail. Maybe a year or so.

To the Liberals wrote on Aug 30, 2008 1:26 PM:This is why violent crimes are on the rise! No matter what any of you said Silva instigated this incident!

It is easy to second guess someone when you are behind a computer. THIS IS NOT A MOVIE, where you can see the situation in slow motion!

I hope none of you ignorant people think the White intentionally shot at the kid or even knew the kid was in the car.

All of you must agree that if a person is acting the way Silva acted that night, there is no way I would think she have a child in the vehicle.

After the fact it is easy to say, "He should have checked to see if there was a child in the vehicle" right?

Keep empowering the criminals that's what our society needs.

Brett wrote on Aug 30, 2008 1:35 PM:It is absurb to claim this cop was in a "life or death" situation. None of us want to live where anyone - let alone an off-duty cop - believes he has the right to just start shooting at someone. If he was not a cop he would of been arrested on the spot. I don't care if she was drunk and in the wrong in causing the situation. Her actions appear to have been yelling and screaming at him - certainly not life threatening. He needs to go to jail to let his peers know this kind of reaction is unacceptable and will not be tolerated by those we train and expect to react to a higher standard.

Funny... wrote on Aug 30, 2008 2:09 PM:how all the cops are on here defending this guy. What an embarrassment to the police force.

To Esteban wrote on Aug 30, 2008 3:12 PM:Esteban, what planet are you from? The planet Uranus? I think so!!

You write: "You anticops still know nothing". Esteban, what kind of wacky statement is that? How more vague and generalizing could you possibly be. That's stupid.

Then you write: "She revved her engine and he REASONABLY felt she was gonna ram him. So he did what any courageous person would have done...he defended himself and his wife!!!" Esteban, you must be an anti-thinker, an anti-common senser (makes as much sense as "anti-cop”). Anyway, you must not be thinking. Officer White fired from inside his car with the windows rolled up! Again, he fired from inside his car with the WINDOWS ROLLED UP! How safe is that? How "courageous" is that? It's not. It was DUMB and impulsive. His blood was probably boiling, his heart pounding and he wrongly grabbed his gun and fired it - multiple times!! That's crazy! And you are too, if you think that's courageous. Tell that to the boys in Iraq or Afghanistan.

And to top it off, you finish your irrational comments by stating: "If I was armed, I would have done the SAME thing. You anti-cops can go rot in....". Wow. What a surprise - you would have done the same thing. So, what you are telling us is: You would have SHOT a woman and a defenseless boy!! You would have been "so afraid" you would just start firing without being completely aware of your environment and the "alleged perpetrator". Now, that's CRAZY!!! Anyone that knows you personally should take heed. And pray you do not own a gun. And as far as the rotting in (you know where)...man, grow up!

p.s If there is a fair trial, then I am quite confident Officer White will pay a penalty for his actions!!

p.s.s. Bet you're glad it wasn't your nephew or cousin or aunt or uncle or family friend that GOT SHOT!!! You just want to be the shooter! Naughty Naughty.

to to the liberals wrote on Aug 30, 2008 3:32 PM:If White didn't know that the kid was in the car PLEASE explain the 2 TWO rounds center mass in the passenger side of the windshield, I don't think that he was trying to ventilate her upholstery. Those 2 shots were to kill the passenger, regardless of the justification for shooting in the first place trying to kill the passenger is CRIMINAL!

Dave wrote on Aug 30, 2008 3:35 PM:As a citizen I demand that this cop stand trial just like any other citizen would!

RG wrote on Aug 30, 2008 4:26 PM:They want the charges dropped? They should be thanking their lucky stars he hasn't been charged with attempted murder! Anyone else would have been.

Not True wrote on Aug 30, 2008 5:18 PM:I'm not a cop, never got along with the cops, and quite frankly, think a lot of them are just power hungry bullies. The people I know who became police officers were some of the biggest jerks I'd ever met before becoming cops.

But, I've also been the victim of an assault, and of someone that was engaging is some serious road rage, and if you don't fear for your life in that kind of situation, your a complete idiot.

As someone said, this isn't a movie, it's real life. You don't get to die three times, insert another quarter, and start over again. White made damn sure he and his wife weren't the next couple of people in Oceanside to end up murdered by some crazy drunk criminal.

No matter what happens after this, he'll know he did what he thought he had to do to protect himself and his wife. He may not feel great about it, in fact I'd bet he feels terrible about it, but at least he can feel something. Dead people don't feel anything.

copsRcorrupt wrote on Aug 30, 2008 5:21 PM:Being a cop, he should have reacted with a lot more restraint, just because of that fact, and taken the steps to get her off the road,(taken her license plate number, called 911) just as any cop would advise citizens to do! Instead he chose to react without thought, and shoot two unarmed people...a woman and child!! I don't believe the woman is without fault, and she should be charged and convicted also, and it should be a lesson to all of us that you "just never know" who's behind the wheel of the other car, when we get a little road rage ourselves. Had she known it was a cop, I bet she would have reacted totally opposite of how she did. But enough of the "what if's"...let it be settled in court!!

Lloyd wrote on Aug 30, 2008 6:29 PM:Boy a lot of speculation by a lot of people.

Mark my words, if this goes to trial, White will be found innocent. Read penal code 197 which deals with justifible homicide. Even though a homicide was not committed it dictates when such force can be used, an states in part

"When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed;"

White was trying to get away from Silva. She followed him into that lot and rammed him with her car. She started it and was going to finish it. She was the agressor (according to the witnesses) until finally White shot at her. Per the law he was justified.

to Loyd wrote on Aug 30, 2008 7:16 PM:Please justify the shots aimed at the passenger, shooting the driver stops the car- no more justification for any more shots!

RG wrote on Aug 30, 2008 7:33 PM:To Lloyd, your quotation at 6:29 would sound pretty good under other circumstances. But you blew it badly when you said she "rammed him with her car". That's an excuse that was put to bed long ago by everyone who has looked into it, including the state attorney general. Sorry, your credibility is zero.

Concerned wrote on Aug 30, 2008 11:01 PM:copsRcorrupt...

your comment "he should have acted with more restraint"... what are you basing that off of? Have you not read the facts of case and realized how much restraint he used and that it wasn't until she had been trying to ram, she blocked his vehicle in and then pinned him in the car that he took any action against her... how much more restraint does someone need to show??

The White's did call 911 and give the license plate first... and never did "road rage". It takes two for this to be a road rage incident, but only one was raging, Silva.

It seems that you are ignoring the FACTS of the case just like the Attorney General's office and the District Attorney office to justify your own opinion.

Sam wrote on Aug 30, 2008 11:40 PM:Well its too late for everyone...maybe this will be a lesson for other police officers and citizens who can't control their tempers...the only victim was the kid

Lloyd wrote on Aug 31, 2008 6:24 AM:To poster at 7:16PM Read the past stories, the windows in Silva's car were illegally tinted. And the average height of an 8 year old boy is 3 feet 9 inches. Do you really think White saw the child? It was reported that neither White nor his wife in the car knew the child was there. He was an unfortunate participant in his mother's endeavors of road rage. The shooting of him was not “aimed” as you put it.

To RG the State Attorney’s office concluded that they were not proceeding with charges of assault with a deadly weapon (the car) upon Silva. But this does not mean it did not happen. There is physical proof that Silva’s car collided with White’s car thereby blocking him in, as reported in past articles. You are basing you whole argument on one word that I used, “rammed”. People that hang their argument on challenging one word often have no point to prove themselves, but refuse to face the truth. So sorry you refuse to have an open mind and add nothing to this discussion.

resident wrote on Aug 31, 2008 7:01 AM:Maybe we'll find out what really happened at the trial instead of guessing and posting comments here.

Sandy wrote on Aug 31, 2008 8:59 AM:"Supervising Deputy DA J.Dutton said there was insufficient evidence to charge Silva with ramming the car." That is a huge determining fact in Silva's favor that White did not have probable cause to fire his weapon. He's facing negligent firing of a weapon, which is the same as those morons who shoot into the air on New Year's Eve. It would have been a travesty of justice if he did not go to trial - the public has a right to question/charge why an off duty cop is shooting a gun at a woman&child. I would recommend the sisters in law to be quiet and be thankful White hasn't been sitting in jail since March 15, charged with attempted murder.

RG is Partially Right wrote on Aug 31, 2008 9:27 AM:I agree that she probably wasn't trying to ram his car. She was just too drunk and high to actually leave the scene once she figured out she'd was in a lot more trouble then she bargained for.

But, the point is that it doesn't really matter what she was trying to do, what matters is what White THOUGHT she was trying to do, and based on the minute or so previous to this, he had every reason to believe she was going to continue to escalate the situation, causing harm to himself and his wife.

He didn't start shooting when she cut him off, when she followed him, or when she pinned him in his car. He didn't start shooting when she was screaming at him, or when she was revving her engine. He only started shooting when she made contact with his car, so to say he acted recklessly and without thought is inaccurate.

To Gane and Hank wrote on Aug 31, 2008 9:41 AM:Ok Gene: A moving car is a DEADLY WEAPON, or didn't they teach you that in drivers ed. There is video of this and I will wait and see what plays out before I make a judgement call. However, don't put the 2 officer's that received a DUI and the other one for DV in the same group. There are a lot of cops out there who love their jobs and do it with the most respect that they can. I know I am married to one of those cops. My hubby, doesn't drink, doesn't swear and does a job that niether one of you so called men could do or handle. So don't you DARE put him in the same catagory at these 2 other officers.

Hank - Yup let's let citizen carry guns, I mean heeck, we live in little TJ, with all the illegal immigrants, gang bangers and just plain stupid people. I think allowing them to have a gun (even though the gang bangers do) would be just suicide.

Let this play out in court people. Also, there is still time to charge Silva for her role in this, and yes she had a HUGE role in this

Lloyd wrote on Aug 31, 2008 9:45 AM:To Sandy at 8:59AM

You talk about DA Dutton and about the striking of the car, but read the arrest warrant for Silva with DA Dutton’s name on it. In there it states "Silva followed the vehicle in an aggressive manner which included tailgating the vehicle, revving her engine, blocking the vehicle's path and STRIKING (emphasis added) the vehicle with her vehicle. Silva ESCALATED (emphasis added) the situation to the point where the driver of the other vehicle, an off-duty police officer, reportedly FEARED (emphasis added) for his safety..."

Hmm kind of contradicts your point doesn't it?

Attempted murder is not applicable here Sandy. ANYONE, even you, are able to defend yourself from an attack (read my previous post above). How, as a society, have we lost sight of that basic freedom? The totality of the incident paints Silva as the sole aggressor, as described by other independent witnesses. White was forced to act to protect himself and his wife. How is this simple thought lost on you?

To Gene wrote on Aug 31, 2008 10:21 AM:~and that is precisely why you would never be selected to a jury. Your mind is made up and you haven't heard both sides. I feel sorry for the kid. Put a few $$ of settlement into an unbreakable IRA for the kid, so the mom can't get her hands on it. If you use drugs and alcohol when operating a motor vehicle, this is the crazy stuff that can happen. The focal point at issue is not that the cop shot anyone, but rather his perceived level of threat.

Very Sad wrote on Aug 31, 2008 10:36 AM:What happened to supporting our hard working police officers until a court decision is arrived at? You may be very grateful for the presence one in your lifetime.

esteban wrote on Aug 31, 2008 10:54 AM:"my cents" at 9:48 gets it. Too bad all you other anticops don't. But what can I expect from naive juveniles?

esteban wrote on Aug 31, 2008 11:04 AM:HAHAHAAAAA...that is for you naive anticops. Your arguments are absolutely hilarious! Thay make NO SENSE whatsoever. I can't believe some of you think White saw the boy and aimed for him. I can't believe some you think White is a bully and started this whole thing. And you wonder why I attack you personally? Your own words and thoughts warrant me putting you in check! Some of you people shouldn't be allowed out of the asylum. If White gets a fair trial and has normal, intelligent people with common sense on the jury, I am convinced he will be vindicated. If any of you nuts are on the jury...he's done.

attempted murder wrote on Aug 31, 2008 11:17 AM:You want to be lawyers are killing me with this! Did White shot at Silva for no reason? NO Was White looking for Silva to shoot her? No

So what are you guys talking about attempted murder?

Attempted murder requires calculating planning, I don't think White had any plans to run into Silva that night!

Again stop watching all of those CSI shows they are ruining your judgement!

To Esteban.. wrote on Aug 31, 2008 12:43 PM:We all know you are nothing but a cyber-bully cop.

esteban wrote on Aug 31, 2008 12:58 PM:To "to esteban"...Well done! Has anyone EVER really cared about what you thought?

to Loyd again wrote on Aug 31, 2008 1:14 PM:You didn't explain any reason to shoot the passenger side of the car, again WHY shoot at a passenger that you supposedly don't know is there? Is this just a case of if 1 shot is good so 5 are much better. Self defence only alows appropriate force and it must stop when the threat stops, killing the driver would accomplish that.

To Esteban... wrote on Aug 31, 2008 1:49 PM:Thank you very much for proving me right for my 12:43 post. Thanks again

esteban wrote on Aug 31, 2008 3:36 PM:You people should get jobes and pay taxes. Then you will have earned the right to complain about the cops.

Geez... wrote on Aug 31, 2008 10:34 PM:this White should be hanging his head. His siser in law out begging for money for him? Reading the story and comments I can see most think this dude was wrong. It really is sad MY tax dollar is going for this dudes wages. Not good. Were either of these two women any witnesses? Then getting so enraged this guy didn't even consider who was in the vehicle. Incredible. I hope I don't cross this dudes path. You would think he would have been trained to have more control over his behavior.

esteban wrote on Sep 1, 2008 3:28 PM:the post at 3:36 is an imposter. Imitation is the sincerest form of flattery.

Bill wrote on Sep 1, 2008 10:19 PM:I must have missed the part where these two women claim to have exonerating evidence to support the elements of Whites defense.

They are DEMANDING charges be dropped?

Demanding?

What grounds?

Well har har hardy har har...

The evidence must show that the guy did something or there wouldnt have been charges brought. There wouldnt even be grounds to issue a warrant.

I could care less what these two women want.

Every defendant has family that wants them released and charges dropped.

Ho Hum!

Lloyd wrote on Sep 2, 2008 7:21 AM:To: "to Loyd again on Aug 31, 2008 1:14 PM:"

First, learn to spell my name it might add weight to you being an intelligent person.

Second, have you even thought out what you are saying? White was pinned in by Silva's car, her passenger side to his driver side. If he fired to get her from stop assaulting him then wouldn't his rounds go into the passegner side? Also have you ever fired a handgun at a target? At a moving target? Not very easy to hit something preciously. THIS IS NOT THE MOVIES OR TV GUY. Stop educating your self with that and think you know how police tactics are.

The DA brought these charges as a matter to reflect any bad publicity that she will be getting. There is more then enough evidence that White, or anyone for that matter, would be afraid for their life based on Silva's actions.

to Geez wrote on Sep 2, 2008 7:25 AM:That whole "my tax dollars" bit is a little worn out. Guess what? Do you work for a living or did you win the lotto? If you work we all pay each other's salary, from my banker that I use, to my grocer, to the person serving me food; I pay their salary. Get over yourself you pay about $.05 of anyone cops entire salary.

Albert wrote on Sep 2, 2008 7:26 AM:Gezz sounds like he is the attorney for Silva, trying to get more money are you?

esteban wrote on Sep 2, 2008 8:36 AM:Albert, geez just sounds like your typical naive, head in the sand anticop. He knows everything from his chair in front of his computer.

Geez... wrote on Sep 2, 2008 2:39 PM:some awful defensive people who care what I think. Glad I stirred the pot. Thanks again.

DEAR LLOYD wrote on Sep 2, 2008 8:46 PM:have you seen the car? the shots are not scattered. The shots are perfectly placed 2 center mass driver, 2 center mass passenger. Thank God the kids short and Silva is slight in build.
Color it any way you want, the criminal trial is a toss up as cops are given great leeway but I'll bet the civil case ends with SD paying millions. And I'm done spelling your name.

esteban wrote on Sep 3, 2008 9:05 AM:Who cares if he shot at the passenger side? If I think a car is coming at me, I'd take out everyone IN the car! My life is just too important to worry about anyone associated with trying to hurt me or my family.

esteban wrote on Sep 3, 2008 1:59 PM:C'mon anticops...let's hear some more of your pathetic logic!!!

Lloyd wrote on Sep 5, 2008 12:43 PM:to DEAR LLOYD

You watch too many movies. Do you honestly think he was intentionally shooting at the kid? I guess you think cops shoot guns out of people's hands too huh?

Chuck wrote on Sep 12, 2008 2:23 PM:I hope Officer White gets jail time. Road rage shooting of children shouldn't go unpunished, despite what his family thinks, what if one of those bullets had hit me and mine while driving by? Who the hell shoots from inside a car anyhow, if he were outside I could understand being threatened by this little drunk lady's Mazda. Sad.

Lloyd wrote on Sep 16, 2008 11:18 PM:Chuck you apparently didn't read the past articles, whoops your ignorance is showing.

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