San Diego officer acquitted in off-duty shooting

A San Diego police officer today was acquitted of charges stemming from an off-duty shooting that wounded a woman and her 8-year-old son.

Officer Frank White, 29, was charged in a March 2008 "road rage" incident that occurred while White and his wife were shopping in Oceanside.

Another driver, Rachel Silva, 29, allegedly followed White and rammed her car into his in a parking lot. White identified himself as a police officer and fired five bullets into her car, striking Silva in the arm and her son in the leg, according to court papers and White's testimony.

Silva did not testify during White's trial in San Diego County Superior Court in Vista. White and his wife tearfully testified that they had feared for their lives. White said he did not know a child was in the car.

White was charged with a felony -- discharging a firearm in a negligent manner -- and a misdemeanor for brandishing a gun in an angry manner. He is on unpaid leave from the San Diego Police Department.

The jury deliberated for a day and a half. If convicted, White could have faced nine years in prison.

A police department personnel review will determine whether White will return to duty. That decision is separate from the outcome of the trial, officials said.

Silva pleaded guilty to drunk driving and child endangerment and will be sentenced in July. She was driving on a suspended license and had two prior drunk driving convictions.

Chief Deputy Dist. Atty. Jeff Dusek, one of the county's top prosecutors, had argued that although Silva started the altercation, White overreacted and acted recklessly.

In a statement, Dist. Atty. Bonnie Dumanis said it was appropriate to bring the charges based on the evidence "but it is the jury that ultimately decides between guilty and not guilty.

"I would like to thank the jury for its time and effort in deciding this difficult case," Dumanis said.

-- Tony Perry in San Diego

Comments

[Fred]

This decision makes me sick

[Tim Schulz]

It will be Justice Delayed but not Denied Whenever someday,
If one of these Jurists, encounters this Trigger Happy, Thrill
Murderer, on the road or elsewhere!
Them, Their Spouses and Children may some "Day" find themselves on the other side of this Killer's and their own Brand of "Justice"

[Hilary Smith]

White had road rage and shot two citizens but it's ok because he's a cop. Our society is so brainwashed in favor of police power. No wonder American is becoming a police state. Get a clue.

[stupidass]

Why did DA file charges against him ? Sher followed him and then rammed her car into his...... self defense.

[patilee]

Silva was the one with the road rage. In fact she has a history of it, only two were allowed into evidence, one where she confronted the other driver and punched her in the face breaking her nose, others were left out because the judge didn't' want to prejudice the jury. She cut him off then followed him, revving her engine, screaming out the window. Her son testified to this. She has previous DUI convictions, was driving on a suspended license and was waiting to go to court on another DUI. Who do you want on the road Silva or White? Silva needs to go to jail and Officer White needs his job back.

[Casual Observer]

Let me get this straight, You have a habitual offender who has numerous times been caught in acts of “road rage” and in this very instance has followed someone whom she at the time does not realize is an off-duty officer along with his wife. This habitual offender then assaults them with a 2000 lb vehicle and the officer does what he’s been trained to do and that is to defend and preserve life to wit, he fires several rounds into this vehicle in an attempt to stop the threat.

He’s done nothing wrong, yet I have read two posts on here from a Hilary Smith and Tim Shulz that criticize his actions as if the officer were in the wrong and the habitual offender was an innocent victim. No wonder this country is on its way to hell in a handbasket. Hilary and Tim I hope for your sakes you two are never put in to the position this officer was because you would not have the fortitude to survive such an incident. Both of you are pathetic and obviously lowlifes for even defending this idiot Silva.

Officer White, Job well done and I do hope you get your job back. My hat is off to you!

[Jared]

Folks, self defense does not give you clearance to shoot an unarmed child, this guy should have been punished.

This outcome only makes life harder for the cops that do have self-control, as it reinforces the old stereotype that all cops are bad, thus bending public opinion even more strongly against them on the street and in the polls. I can't seem to turn around without seeing a story about enforcers abusing authority. Why make it so easy to root against you?

Law enforcement agencies must work harder to be fair and just, and to weed out of their ranks those that aren't fit to serve. I don't think that this guy is all bad, just that he made a bad decision which resulted in a child being shot, and he should be punished for it.