REGION: Judge orders cop to stand trial in road-rage incident
By COLLEEN MENSCHING - Staff Writer | ∞
San Diego police Officer Frank White, far left, is accused of shooting a woman and her child in an Oceanside road rage incident in March. (Photo by Hayne Palmour IV - Staff Photographer) VISTA ---- A Superior Court judge ruled Wednesday that San Diego police Officer Frank White should stand trial for shooting an Oceanside mother and her 8-year-old son during an alleged case of road rage in March.
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"I think we expect more from our officers than the conduct that was displayed here," Judge Joel Pressman said at the end of White's preliminary hearing.
White is charged with one felony count of negligent discharge of a firearm and a misdemeanor charge that he brandished his gun during a traffic confrontation with Rachel Leann Silva, 28, and her son, Johnny.
White is the first police officer charged in San Diego County in more than a dozen years for shooting a perceived aggressor. He was off-duty, out of uniform and in his personal car at the time of the incident.
Silva also faces charges stemming from the incident. She pleaded not guilty in July to felony child endangerment and misdemeanor drunken-driving charges.
Silva admitted to drinking alcohol earlier on the day of the shooting and tested positive for methamphetamine and marijuana, Oceanside police have said.
Johnny, who turned 9 in the month after the shooting, took the stand Wednesday with his father, Luis Silva, at his side.
He recounted the moments before a bullet pierced the passenger side window of his mother's car and lodged in his femur.
Johnny told prosecutor Julie Korsmeyer that he could see someone in the other car pointing "a little short gun, silver and black ---- a revolver." He said he was curled up with his legs pulled up to his head when he was hit. His mother was hit twice in the right arm.
Attorneys said Wednesday that White fired five times, using all the bullets in the .38-caliber revolver.
"I said, 'Mama, he has a gun,' " Johnny testified. "She called 911."
Audio of that 911 call and one made by White's wife were aired in open court for the first time since the March 15 shooting, which took place in the Lowe's shopping center on Old Grove Road.
Download the transcript of Jacquellyn White's 911 call Download the transcript of Rachel Silva's 911 call
In the latter call, White's wife Jacquellyn ---- a Carlsbad police dispatcher ---- began to calmly explain where she was and that her husband had his gun drawn on a woman who was "road raging" against them.
Her voice became panicked as she told an Oceanside dispatcher that her husband was blocked in their car by the silver sedan, that he had fired his gun at the other vehicle and, eventually, that there was a child in the other car who had been shot.
A man can be heard in the background yelling commands such as "Stop the car" and "You need to turn the car off."
Silva's first words to the same dispatch center were, "There is a guy who is pulling a gun on me."
Silva sounded panicked and didn't respond to the dispatcher's repeated questions about where the confrontation was taking place. Silva can be heard screaming into the phone as her son screams in the background.
After the dispatcher asked several times who had the gun, Silva replied, "Some guy. A policeman. ... Supposedly a cop."
Neither Silva nor Frank White took the stand Wednesday.
Two other eyewitnesses did.
Priscella Bethurn of Oceanside testified that she was driving on Old Grove Road when a silver sedan aggressively pulled out of the shopping center complex without stopping at a stop sign.
A dark car, now known to be White's, had to swerve to avoid a collision with the silver car, Bethurn said.
Bethurn said she thought the incident ended with that near-miss until she saw the silver car again, this time following closely behind the dark car as it moved slowly in the Lowe's parking lot.
By the time she walked out a grocery store no more than 15 minutes later, the two cars were surrounded by police tape and emergency vehicles, she said.
Witness David Flores said he was the last customer in Lowe's that night and was outside his pickup truck when the shooting happened.
What caught his attention first, though, were the angry screams coming from a woman in a light car slowly following a darker car, he said.
"It was really apparent to me that somebody was very angry, extremely pissed off and out of control," Flores said of the woman, who turned out to be Silva.
The prosecuting attorney said Silva was clearly the aggressor, but that her "out of control" display was no reason for White to fire his weapon.
"You don't get to shoot people who are acting this irrationally in a scenario of 5 to 10 mph," Korsmeyer said.
White's defense attorney said Silva was using her car as weapon and that White was justified in trying to eliminate a threat by firing into Silva's car.
"She is using that vehicle to intentionally terrorize the occupants of the dark car," Rick Pinckard said as he argued against holding White for trial. "We have to look at Frank White as a police officer with the knowledge a police officer has about what kind of injuries can be inflicted using a vehicle as a weapon."
The judge ruled evidence was strong enough to make White stand trial "despite the possibility of a successful self-defense argument."
White's arraignment was scheduled for Dec. 3. He faces up to nine years in prison if convicted, Korsmeyer said.
Silva's trial on the felony child endangerment charge and five misdemeanors may start this month. Conviction on the felony charge could bring a prison sentence of up to six years.
Staff Writer Teri Figueroa contributed to this report. Contact staff writer Colleen Mensching at (760) 739-6675 or cmensching@nctimes.com.
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Good wrote on Nov 5, 2008 4:48 PM:Good!!! You mean cops are supposed to obey the law?
Dave wrote on Nov 5, 2008 5:27 PM:This is bull.
Right On wrote on Nov 5, 2008 5:31 PM:The judge's comments are right on. On the surface at least, it appears Officer White engaged in conduct unbefitting of a police officer. Hopefully all the facts on both sides will be considered at trial and justice will prevail. Let's keep our fingers crossed.
To good wrote on Nov 5, 2008 5:50 PM:are real intelligent answer there. Yes, cops do obey the law, probably better that you.
FTM wrote on Nov 5, 2008 6:18 PM:I have been waiting for this. When they went after the mother and charged her with violations that could put her back in jail I pretty much assumed she would not testify against the SDPD. I believe the SDPD intimidated her, but that's just my opinion.
Now they have to face a little boy who's not afraid to walk into a court room, I think they underestimated the child.
As Well He Should wrote on Nov 5, 2008 6:30 PM:He behaved badly. Just because the other driver did too doesn't make it alright for him to shoot two people. He may (and most likely will) be exonerated, but he should at least have to face a jury of his peers for his act. Anyone else would have to.
crashd wrote on Nov 5, 2008 6:32 PM:Let's not get holier than thou here. Flat out, the cop broke the law. No question. He used his gun in an illegal manner. If a citizen did that, the gavel would have dropped a long time ago. That there was this much delay is bad enough, but at least this judge has started in the right direction. I am absolutely pro gun and know everyone has the right to carry and self protect, but not for a road rage incident. This policeman (and anyone else that did the same thing) should be tried and (hopefully) convicted.
What a load wrote on Nov 5, 2008 6:36 PM:of you know what. How could a judge make a decision with only preliminary facts. What a egotistical thing to say. He should be thrown off the bench, oh wait a minute that is impossible thing to do. Judge's think they are holier than thou
Cops should be better wrote on Nov 5, 2008 6:37 PM:Sorry to hold police officers to a higher standard here, but the fact is, they owe a special duty to the public both on- and off-duty. If I can take someone cutting me off in traffic by just smiling and driving away, so should a police officer. Firing a gun into an occupied car? Come on. This guy better dust off the resume, cuz he's going to be job hunting again real soon.
Filbert wrote on Nov 5, 2008 7:11 PM:It is pretty much a thankless job being a cop. Yes, there are mean cops who shouldn't have a badge. But on the whole and in the main, most are, if not nice, then acceptable. You would have to pay me seven figures to get me to want to be a spitoon for some of the people the cops have to deal with.
Not a cop hater wrote on Nov 5, 2008 7:20 PM:This is just the way it should be, tried by a jury of his peers. Hopefully the state will be handling the prosecution, D.A. Bonnie has shown too little desire to go after law enforcement types. What ever happened wth the OPD officer that injured his passenger in a DUI accident? Haven't heard any thing on charges being filed or not. For people to have trust in law enforcement, we need officers of the highest character.
Show us the video wrote on Nov 5, 2008 11:43 PM:there is video from the Lowe's security camera in the parking lot. why haven't we seen it so we can see what Silva was doing with her car. ... lets see the video!
JSten wrote on Nov 6, 2008 1:12 AM:The Judge determined that the of duty officer should stand trial.
Lets not get ahead of ourselves. Many here appear to think a trial is the same as a conviction. how about letting the process work itself out?
to to good wrote on Nov 6, 2008 7:37 AM:What world do you live in? I've seen cops routinely speed, drive across double lines, drive solo in the carpool lane etc., none of these while on a actual call. ...
Jim in Oceanside wrote on Nov 6, 2008 7:49 AM:I agree with JSten. The Judge did what he needed to do after investagtive facts were presented. I have a lot of respect for members of Law Enforcement, they have one of the toughest jobs and most dangerous jobs in existence. I have the highest regard for members of the Oceanside Police Department. Every interaction I've had with them was very positive and professional, even when I was in the wrong. True, because Police Officers are human, they do screw up now and then and some are in it for personal power. However, the majority are doing what they were trained to do and fullfilling their oath of office. ...
roll the video wrote on Nov 6, 2008 7:53 AM:that's how the truth will be seen !!
People Lover wrote on Nov 6, 2008 7:54 AM:Officers think they are above the law. They play God at accidents and don't get medical help to victims asap. They are rude. I understand an officer is suppose to do a job and obey the law at the same time, I as a citizen must obey the law, if I were as rude to people I come into contact with on a daily basis as some Officers are, I would be fired.
Paul wrote on Nov 6, 2008 8:01 AM:To Dave and To good; you mean cops obey the law -- like ... Police are people too, they are not perfect. Let the justice system play out.
FTM wrote on Nov 6, 2008 8:38 AM:Officers DO NOT think they are above the law! That's a load of bull! And all you who are screaming about the "bad police" sound like a bunch of hysteriacal radicals from the 60's who used to block acess to buildings and then scream "Police Brutality!" when they tried to pick you up.
I used to protest in the 60's too but I did not take it out on the cops when things did not go my way. Grow up.
...
esteban wrote on Nov 6, 2008 9:06 AM:What is this worl coming to when a cop can be tried in court for self defense and obama is the new president. I have a good mind to pack up and leave until all this craziness blows over.
Gene wrote on Nov 6, 2008 9:06 AM:It shows some cops are arrogant when they are out in public. I am not speaking on all cops but come on people, it's not like your solving an calculus equation.
RG1 wrote on Nov 6, 2008 9:07 AM:I don't think this cop should "held to a higher standard" at all. He should be held to the same standard as anyone else. This guy fired 5 shots into a car whose driver was following at 5 to 10 MPH and yelling. Anyone else would be charged with assault with a deadly weapon or worse. There are rules for how much force can be used in an issue like this. Road rage and a parking lot fender ding should not result in a woman and her kid being shot. If this guy gets away with it, it will be only because cops are held to a LESSER standard. And no, I'm NOT a cop-hater.
To FTM wrote on Nov 6, 2008 9:10 AM:Never blocked access to a building, that's not right, looks like you have been on both sides and that Police Brutality slogan is just too much!
HOORAY wrote on Nov 6, 2008 9:25 AM:Now maybe we can hear what really happened. What is disturbing is this is the first cop in more than 12 years to have charges brought against them. Sorry folks I thought our DA's were suppose to protect us from gun slinging cops. This tells a lot about where their loyalties lie. Remember this next election!
Well FTM wrote on Nov 6, 2008 9:32 AM:try telling that to the countless cops in Oceanside and Vista I see chatting away on their cel phones, rolling stop signs and red lights, splitting lanes at 75 mph. Do THEy think they are above the law or are they just ignoring what would cost any average citizen hundreds of dollars in fines??
To FTM wrote on Nov 6, 2008 9:40 AM:So what is the problem with a trial by his peers to determine if it is brutality. People like you should welcome that if you really feel your facts are correct!
No Esteban wrote on Nov 6, 2008 10:06 AM:Must be having some crow this a.m.
Hey Load wrote on Nov 6, 2008 10:07 AM:That's what judges are all about, bro. That's why we should elect judges for two-year terms. It works in Arizona, and it would make judges a bit more humble. They're FAR too arrogant. Toss 'em all out!
rod wrote on Nov 6, 2008 10:19 AM:I believe anyone that drives while on meth and high from Pot and alcohol in their system should be in jail. This officer should of known better to be shooting with a child in a car. That is just wrong. Sounds like this cop needs a time out in prison to re-think about being Rambo during his off hrs.
Dude wrote on Nov 6, 2008 10:24 AM:Neither "side" has anything to complain about. He's on trial, She's on trial, no cover-up here. As others have said let the system work.
O Bamma for 4 more wrote on Nov 6, 2008 11:23 AM:I'm a Mccane fan but if it keeps Estaban away for additional 4 years I say Obama in 2012!
to screener wrote on Nov 6, 2008 12:04 PM:is there a reason that of 2 postings i made this morning, only 1 appears. no there was nothing rude, crude or otherwise not printable. just pointing out a second opinion from your hate filled readers.
To estiban wrote on Nov 6, 2008 12:13 PM:I'm sure you can get enough people to pool in to buy you a one-way ticket anywhere you like.......
yeah wrote on Nov 6, 2008 12:19 PM:did you hear that? Esteban might be packing his bags and leaving.. Bye! Have a good trip... Obama Rocks!!
Donations for estiban wrote on Nov 6, 2008 12:37 PM:I'll donate 25 dollars...... I hear Alaska is nice this time of year......
esteban wrote on Nov 6, 2008 1:58 PM:Well I was wondering what took all the fake estebans so long to post. So he was bound over for trial...big deal. Once all the facts come out, he will be vindicated...unless you losers are on the panel. White is right, you are wrong, as usual.
call me Johnson wrote on Nov 6, 2008 3:27 PM:How convenient it must be to be you Esteban. You can choose what you said and didn't say depending on the responses. I don’t know if half of what you or others state with the pen name “Esteban” is the truth. The problem is; your logic is so bizarre that it’s hard to distinguish between fact and satire.
Peter wrote on Nov 6, 2008 4:44 PM:Anyone that is authorized to carry concealed in public should expect to have their actions heavily scrutinized if they shoot someone. However, since so few that are not police are authorized to carry concealed in this county, I think an officer resorting to firearm use really should be in danger, or see someone else in danger that needs his assistance, where to not act and wait for on-duty officers would result in the loss of life or serious injury. However, even in the most twisted of justifications presented by cop worshipers I cannot see why White needed to open fire.
FTM to ALL wrote on Nov 6, 2008 5:24 PM:You guys got me all wrong because NCT's only printed HALF my message and then the other half where they took out the rest of my message they put in "..."
I did not finish with "..."
And if you were able to read the rest of my blog you would understand what I was trying to say.
The NCT should not edit my comments - if they don't like my blog they can just leave it out all together.
As for the rest of the message well, I CAN'T REPEAT IT of course because if i do the NCT will not print it!!
For some reason every time I make any mention that one of these people might go to jail my comments are deleted - so I guess you guys will never know what I really said but I assure you it's not what you THINK I said!
FTM also forgot wrote on Nov 6, 2008 5:25 PM:Hi esteban!
Where you been? Glad your still out there supporting the badge dude!
(Don't hurt me man!)
to what a load wrote on Nov 6, 2008 5:38 PM:In the preliminary hearing, the judge decided that sufficient probable cause exists to justify moving the Officer White case forward to trial. In his ruling, the judge identified the facts which, as a matter of law, support his finding of probable cause. At the trial, both sides will have the opportunity to present their arguments to a jury. The final determination of what happened that night will be entirely up to the jury to decide and not the judge. So why exactly do you want to throw the judge off the bench? This is your opportunity. You be the judge. Make the argument, as a matter of law, why there is not sufficient probable cause present to justify moving the case forward to trial. And please also explain why the judge's decision in this case would justify his removal from the bench.
To to good 737 wrote on Nov 6, 2008 10:58 PM:Just because lights and sirens are not on doesn't mean they are not on a call. Don't think you know it all when it comes to police work, because you show that you don't know anything.
esteban wrote on Nov 7, 2008 7:41 AM:OK "Johnson"...You see, I make no bones that I am very pro police. That makes the anticops and the sub-intelligent upset. So all they can do is make posts under my name to make other less intelligent people, like you, believe it's me making comments. The smart and the intelligent know when it's me posting and when it's not. Thanks though!
call me Johnson wrote on Nov 7, 2008 9:09 AM:I wouldn’t go there Esteban. You obviously can’t distinguish levity from assertion so that makes you what? There is some truth to my statement, however. I’ve been following this case for some time, including comments from readers like you. Your obstinacy lends creed to the frequent Esteban bashing. Objectivity is a virtue of intelligence.
EPiC wrote on Nov 7, 2008 9:12 AM:This is a soap opera for the public. White will not be held accountable. He'll either get a medal or a promotion. No justice these days.
esteban wrote on Nov 7, 2008 11:33 AM:So you've been following the case? Who cares? Doesn't make you an expert...just a monday morning QB. And I'm glad you've been reading my comments. hows you have quite a life. Have fun trying to figure out my comments, or the comments of the gutless imposters.
call me Johnson wrote on Nov 7, 2008 12:45 PM:You’re right Esteban, I’m not an expert, nor are you, although you unequivocally believe the shooting was justified. Your hypocrisy has no boundaries……..
Lets start..... wrote on Nov 7, 2008 3:51 PM:a fund for Esteban for packing up and leaving. We can make our wish come true.
On call wrote on Nov 7, 2008 4:12 PM:Why do they need their cell phones if on a call? They have police radios and computers? Besides, explain the out of uniform folks that I know are officers and I have observed speeding, rolling through stop signs, etc., let me guess undercover, or police 24/7.
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