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OCEANSIDE: Police say off-duty cop fired five shots in suspected road rage incident

Woman hit twice, boy hit once in parking lot shooting

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OCEANSIDE -- An off-duty San Diego police officer fired five times at the car occupied by a 27-year-old woman and her 8-year-old son during a March 15 shooting said to have stemmed from a road rage incident, police said.

In a separate development, an Oceanside police spokesman told the North County Times that the San Diego police officer, Franklin White, was not tested for alcohol or other drug use after the shooting. The woman was tested.

A Tuesday press release from Oceanside police marked the first time the department identified the female shooting victim by name, said how many shots were fired, and said how many bullets hit the woman and her son.

Two bullets struck 27-year-old Rachel Silva in the arm, said Oceanside Lt. Fred Armijo in an interview shortly after the department's press release. Silva is a Camp Pendleton resident.

Another bullet hit her son in the knee, Armijo said. No information was available about the other two bullets.

The incident began when the driver of one car cut off the driver of the other car, Oceanside police have said.

One driver followed the other to the Lowe's Home Improvement store parking lot on Old Grove Road, where the shooting took place at about 9:30 p.m., according to officials.

Silva and her son were taken to San Diego hospitals that night. Armijo said Tuesday he did not know whether they had been released.

Police said White, 28, an Oceanside resident, was accompanied by his wife, a dispatcher for the Carlsbad Police Department, at the time of the shooting.

Both Silva and White's wife called 911 during the incident, according to Oceanside officials.

Tuesday's release said forensic experts are doing ballistics, toxicology, accident reconstruction and video/audio enhancement testing to piece together what happened during the shooting.

Only Silva was tested for possible drug or alcohol use at the time of the incident, Armijo said.

"We only will go in that direction if a party is exhibiting signs and symptoms of being under the influence," he said, adding that it could be presumed that White did not appear to be under the influence at the time.

Armijo said he did not know if Silva voluntarily submitted to toxicology screening or if she was compelled by police as part of their investigation.

Silva, acting on advice from her attorney, has not made a statement to investigators about the shooting, Armijo said.

Silva hired John "Jack" Phillips, the attorney who represented former San Diego Chargers linebacker Steve Foley after he was shot by a Coronado off-duty officer in 2006.

"I wouldn't say at this point that her making a statement is completely out of the question," Armijo said. "We're still hopeful about getting a statement from her."

Silva's son was interviewed within days of the shooting, Oceanside Police have said.

San Diego Police officials said White, who made a statement to investigators the night of the shooting, was placed on paid administrative leave following the incident.

Police have declined to release any information about White's statement, including why White chose to use potentially deadly force in the situation.

White joined the San Diego Police Department in 2005, according to officials.

Contact staff writer Colleen Mensching at (760) 739-6675 or cmensching@nctimes.com.

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