Tuesday, July 29, 2008
San Diego DUI cops not entitled to shoot at people even if drunk driving
San Diego DUI lawyers are told felony charges have been filed against the off-duty San Diego police officer who wounded a mother and her son in a traffic confrontation in Oceanside in March, District Attorney Bonnie Dumanis announced Tuesday.
District Attorney Bonnie Dumanis announced the San Diego criminal charges at a noon news conference. Officer Frank White, who was off-duty the day of the incident, faces a felony count of gross negligent discharge of a firearm with two enhancements for great bodily injury and one misdemeanor count of exhibiting a firearm. If convicted, he faces a maximum penalty of nine years in prison.
White is scheduled to be arraigned in the Vista courthouse at 1:30 p.m. where he is expected to surrender to authorities, San Diego DUI lawyers learned.
Brave and decisive Bonnie did not take any questions. There are pending lawsuits filed by the mother and the kid.
“Every officer-involved shooting is carefully reviewed by the District Attorney's Office to determine if criminal charges should be filed,” she said. “Based on the evidence and the law, these charges are appropriate.”
The incident happened the night of March 15, when White and his wife encountered Rachel Silva, who was driving with her then 8-year-old son, Johnny, in the passenger seat.
The incident allegedly evolved from an apparent road-rage dispute and ended with White firing five rounds into Silva's car, San Diego DUI lawyers heard.
Silva was shot twice in the arm, her son, once in the knee, according to San Diego DUI lawyers. Silva has pleaded not guilty to felony child endangerment and five misdemeanors: two San Diego DUI - drunk driving charges, possession of marijuana, driving on a suspended license and driving on a license suspended for a previous DUI conviction.
Oceanside police said Silva's blood-alcohol level was 0.15 percent – nearly twice the legal limit – at the time. San Diego DUI officials also said she had some marijuana in her system.
Silva has said she doesn't recall how the confrontation started and doesn't know why White fired into her car. She also said she was only trying to get away from him when she saw his gun.
www.SanDiegoDUIhelp.com
District Attorney Bonnie Dumanis announced the San Diego criminal charges at a noon news conference. Officer Frank White, who was off-duty the day of the incident, faces a felony count of gross negligent discharge of a firearm with two enhancements for great bodily injury and one misdemeanor count of exhibiting a firearm. If convicted, he faces a maximum penalty of nine years in prison.
White is scheduled to be arraigned in the Vista courthouse at 1:30 p.m. where he is expected to surrender to authorities, San Diego DUI lawyers learned.
Brave and decisive Bonnie did not take any questions. There are pending lawsuits filed by the mother and the kid.
“Every officer-involved shooting is carefully reviewed by the District Attorney's Office to determine if criminal charges should be filed,” she said. “Based on the evidence and the law, these charges are appropriate.”
The incident happened the night of March 15, when White and his wife encountered Rachel Silva, who was driving with her then 8-year-old son, Johnny, in the passenger seat.
The incident allegedly evolved from an apparent road-rage dispute and ended with White firing five rounds into Silva's car, San Diego DUI lawyers heard.
Silva was shot twice in the arm, her son, once in the knee, according to San Diego DUI lawyers. Silva has pleaded not guilty to felony child endangerment and five misdemeanors: two San Diego DUI - drunk driving charges, possession of marijuana, driving on a suspended license and driving on a license suspended for a previous DUI conviction.
Oceanside police said Silva's blood-alcohol level was 0.15 percent – nearly twice the legal limit – at the time. San Diego DUI officials also said she had some marijuana in her system.
Silva has said she doesn't recall how the confrontation started and doesn't know why White fired into her car. She also said she was only trying to get away from him when she saw his gun.
www.SanDiegoDUIhelp.com
# posted by SanDiegoDUI @ 1:57 PM 
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