Wednesday, March 26, 2008
Woman files claim after being shot by off-duty San Diego cop
San Diego Drunk Driving Criminal Defense attorney news
An Oceanside woman who was shot by an off-duty San Diego police officer says she wasn't San Diego Drunk Driving or high when the incident occurred.
Speaking alongside her San Diego criminal defense lawyer Mr. Iredale on Wednesday, 27-year-old Rachel Silva also talked about needing to pick up her son as to why she was driving on a suspended license because of two previous San Diego Drunk Driving / DUI convictions.
Silva, who was unarmed, was shot twice in the right arm by off-duty San Diego police officer Frank White March 15 in the parking lot of a Lowe's home improvement store on Old Grove Road near state Route 76 in Oceanside. Silva's 8-year-old son was also hit once in the leg.
Silva's San Diego top notch attorney, Gene Iredale, filed a claim against the city of San Diego Wednesday seeking unspecified damages. The claim also calls for periodic psychological testing of officers and training “in the limitations by law on their off-duty conduct.”
A claim is typically the first step in filing a lawsuit.
Oceanside police have said the shooting may have culminated a road-rage incident, and that White, who was with his wife at the time, fired five shots at Silva's vehicle.
Police are still investigating the case. San Diego Drunk Driving Lawyers are following this.
Silva, 27, hasn't given a statement to Oceanside police. Police have declined to corroborate an account of the shooting by her San Diego attorney.
Oceanside police claim Silva was given a toxicology test and White wasn't. The toxicology tests generally are given only if someone displays symptoms of intoxication or if suspected of San Diego Drunk Driving.
San Diego Police Homicide Lt. Kevin Rooney said officers involved in shootings, whether on-duty or off-duty, are not automatically tested for drugs or alcohol. Such testing is done only if there is reason to suspect the officer might be under the influence, such as alcohol on the breath, slurred speech or bloodshot eyes.
San Diego DUI / Drunk Driving attorneys are questioning this entire case.
An Oceanside woman who was shot by an off-duty San Diego police officer says she wasn't San Diego Drunk Driving or high when the incident occurred.
Speaking alongside her San Diego criminal defense lawyer Mr. Iredale on Wednesday, 27-year-old Rachel Silva also talked about needing to pick up her son as to why she was driving on a suspended license because of two previous San Diego Drunk Driving / DUI convictions.
Silva, who was unarmed, was shot twice in the right arm by off-duty San Diego police officer Frank White March 15 in the parking lot of a Lowe's home improvement store on Old Grove Road near state Route 76 in Oceanside. Silva's 8-year-old son was also hit once in the leg.
Silva's San Diego top notch attorney, Gene Iredale, filed a claim against the city of San Diego Wednesday seeking unspecified damages. The claim also calls for periodic psychological testing of officers and training “in the limitations by law on their off-duty conduct.”
A claim is typically the first step in filing a lawsuit.
Oceanside police have said the shooting may have culminated a road-rage incident, and that White, who was with his wife at the time, fired five shots at Silva's vehicle.
Police are still investigating the case. San Diego Drunk Driving Lawyers are following this.
Silva, 27, hasn't given a statement to Oceanside police. Police have declined to corroborate an account of the shooting by her San Diego attorney.
Oceanside police claim Silva was given a toxicology test and White wasn't. The toxicology tests generally are given only if someone displays symptoms of intoxication or if suspected of San Diego Drunk Driving.
San Diego Police Homicide Lt. Kevin Rooney said officers involved in shootings, whether on-duty or off-duty, are not automatically tested for drugs or alcohol. Such testing is done only if there is reason to suspect the officer might be under the influence, such as alcohol on the breath, slurred speech or bloodshot eyes.
San Diego DUI / Drunk Driving attorneys are questioning this entire case.
# posted by SanDiegoDUI @ 5:32 PM 
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