REGION: Cop charged in Oceanside shooting
District attorney says Officer Frank White faces one felony and one misdemeanor allegation
By TERI FIGUEROA - Staff Writer | ∞
San Diego police officer Franklin James White, center, walks down a hallway with his wife Jacquellyn White at the Vista Courthouse on Tuesday. (Photo by Hayne Palmour IV - Staff Photographer) SAN DIEGO ---- Local prosecutors on Tuesday charged a San Diego police officer with a felony for shooting a woman and her young son during a March road-rage clash in Oceanside, a rare filing of criminal charges against an officer after a shooting.
The case appears to be only the third time in 25 years that the San Diego County district attorney's office has charged an officer for firing his weapon during a confrontation with a suspect.
On Tuesday, San Diego police Officer Franklin James White, 28, pleaded not guilty in a Vista courtroom to one felony count of negligent discharge of a firearm and wounding 8-year-old Johnny Silva and his mother, Rachel Leann Silva.
White also pleaded not guilty to a misdemeanor charge that he brandished his gun during a confrontation after a near-crash on a busy street.
The charges carry a potential prison sentence of nine years.
"Based on the evidence and the law, these charges are appropriate," San Diego County District Attorney Bonnie Dumanis said Tuesday during a noon press conference in downtown San Diego.
Ninety minutes later, White appeared before a judge in a Vista courtroom. Dressed in a dark suit with a crisp white shirt and dark tie, White stood expressionless with his hands clasped in front of his body during his brief hearing.
White, an Oceanside resident, is free on his own recognizance, which means he does not have to post bail. He is slated to be booked into jail on Saturday, then immediately released. The case is due back in court for a short proceeding Aug. 26, and a preliminary hearing is set for Sept. 17.
Clutching his wife's hand after the hearing, White left the courtroom hounded by cameras and reporters. He did not respond to questions, but his attorney offered a short statement.
"Based on the information available to us, we don't believe that there is any support for the conclusion that our client's conduct was unreasonable under the circumstances," said attorney Richard Pinckard, as he walked his client out of the courthouse.
White is on unpaid administrative leave pending the outcome of an internal investigation, San Diego police Chief William Landsdowne said Tuesday.
The chief said the internal review of the incident could take from 30 to 90 days. In the meantime, White has been stripped of his police powers, Landsdowne said.
White is not the only one to face charges in the March 15 nighttime clash in a shopping center on Old Grove Road not far south of Highway 76.
The woman he shot, Rachel Leann Silva, pleaded not guilty earlier this month to felony child endangerment and a spate of misdemeanors, including drunken driving. Authorities said her blood-alcohol level was nearly twice the legal limit for driving in California. They also have said she was in possession of marijuana.
If convicted of the felony, Silva faces up to six years in prison. Silva remains free on the condition that she stay in the long-term drug rehabilitation facility she recently entered.
Witnesses said the incident began shortly after 9 p.m. as Silva pulled out of a McDonald's parking lot and into White's lane on Old Grove Road. White swerved to avoid Silva's car. Soon after, she tailgated the off-duty officer as he pulled into a shopping center, revving her engine and finally blocking his car, clipping the side-view mirror and then striking the back end of his vehicle.
White then fired five bullets through his front driver's-side window, striking Silva's car, according to witness reports. He reportedly identified himself as a police officer before shooting.
Investigators have said White told them he fired because he feared for his safety and that of his wife, who was in the car with him.
Silva was hit twice in her right arm. Her son, Johnny Silva, who was in the front passenger seat of her car, was hit once in his left leg.
Gene Iredale, the child's attorney in a civil suit against the city of San Diego and White, said he was surprised that prosecutors criminally charged White.
"For me, there were two earthquakes on Tuesday," Iredale said. "The first one shook the ground. The second earthquake was that, instead of my cynical view of the world being confirmed, I was shown another view by Ms. Dumanis."
While he said the district attorney is to be commended for filing charges against the officer, Iredale added that he thought tougher charges, such as attempted murder, could have been leveled.
Michael Pancer, who represents Silva in her criminal case, said he was not surprised by the decision to charge White. But the attorney said he believes doing so was not easy for a district attorney who must work daily with law enforcement to build criminal cases.
"They depend on law enforcement to help make cases, and it's a simple reality that they (the district attorney's office) need to nurture a good relationship," Pancer said.
Pancer said he did not think the charges filed against White would necessarily help Silva in her own criminal case.
The decision to charge the officer was met with support from Oceanside police Chief Frank McCoy, whose department handled the initial investigation into the shooting.
"It's a hard call to make," McCoy said. "And I know that it wasn't an easy decision for the DA's office in this case."
Oceanside Mayor Jim Wood, a retired police detective, said he was "a little surprised" at the charges, but added that he didn't have enough information to judge Dumanis' decision.
Bringing charges against officers for shootings is a rare move, and Dumanis has been criticized for not charging officers since taking office in 2003.
In December, Dumanis' office released a report noting that from January 1996 to the end of 2006, there were 200 incidents in which law enforcement agents ---- on-duty and off ---- opened fire on suspects in San Diego County.
None of the officers was charged with criminal wrongdoing for shooting suspects. However, prosecutors did charge a sheriff's deputy in 2006 for fatally shooting his wife in their Alpine home.
The last time county prosecutors charged an officer for an on-duty shooting was 1995, when then-San Diego police Officer Christopher Chaney shot a fleeing suspect in the arm in San Diego.
Chaney was charged with assault with a deadly weapon; a jury acquitted him after only a few minutes of deliberations.
And in 1983, then-Escondido police Officer David DeLange shot and killed a bank robber's hostage during a shootout on South Upas Street.
A year later, a jury found DeLange not guilty of involuntary manslaughter in the death of 22-year-old Leslie Landersman, who was killed by a blast from DeLange's shotgun. Her abductor, Timothy Harding, 35, also was killed in the police shootout.
Shootings by off-duty officers hit North County headlines in 2006, when Coronado police Officer Aaron Mansker shot then-Chargers linebacker Steve Foley in Poway.
Mansker was not charged with criminal wrongdoing. However, Foley sued Mansker and the city of Coronado. The ex-player agreed to a $5.5 million midtrial settlement last month.
Staff writers Paul Sisson and Craig TenBroeck contributed to this report. Contact Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.
More Stories
Advertisement
A wrote on Jul 29, 2008 12:44 PM:Wow, I thought this day would never come. I am glad that both parties involved will be facing charges. Both were very very wrong.
Local cop wrote on Jul 29, 2008 12:45 PM:Now lets hear about all the cover up statements and bad investigation by OPD. Admit it you all were WRONG, all you have ever been are anti-police mouths. Just because you didn't hear what you wanted to didn't mean there is a cover up. In the future wait for the details before opening your mouth. Good job OPD and DA.
John wrote on Jul 29, 2008 12:45 PM:Wow and double WOW! The DA actually sides with the people.
Bill wrote on Jul 29, 2008 12:51 PM:Its about time we saw some accountsability to those who tell us to be accountable for our actions.
Bonnie D. was dragged kicking and screaming to do this but I am glad we got both of these loose cannons off the street.
I want to see both of these losers go to prison.
Poor kid!
Sleeping but Awake wrote on Jul 29, 2008 12:53 PM:Well at least now this knucklehead can face the court and explain how he thought that discharging his weapon seemed like a good idea at the time....
ClubStyle_DJ wrote on Jul 29, 2008 12:54 PM:He's gonna plead not guilty, be released on his on recognizance, placed back on active "non desk duty" pending another very long delay for an update. Still think the charges were a bit tardy, but very pleased it wasn't a wrist slap. ...
Haha wrote on Jul 29, 2008 1:02 PM:There have been three factions throughout this soap opera; he was wrong, she was wrong and they both were wrong. I’m proud to be part of the latter group because it seems as though we were right. As for the extremists, ... haha……..
Osider wrote on Jul 29, 2008 1:19 PM:Well, it about time and to local cop, if you dont think cover ups happen within YOUR DEPARTMENT, you lived a sheltered life. It happens all the time. Either way, he will get what he deserves too. JUSTICE!
Concerned One wrote on Jul 29, 2008 1:19 PM:Ring one up for justice. This is an example of the system working. As far as the case goes, Sylva deserves everything they can throw at her. White needs to learn his lesson as well. Firing his gun was not called for and resulted in an innocent child being shot. Not good dude! Anyway, justice for all. Regards, C-1.
Mark wrote on Jul 29, 2008 1:20 PM:Both parties are getting what they so richly deserve. Particularly the cowboy cop.
Good.... wrote on Jul 29, 2008 1:20 PM:it is about time that cops were put on notice that they aren't above the law. There has been a more than a few recent off-duty shootings and its time to send a clear message YOU WILL BE HELD RESPONSIBLE IF YOU ABUSE YOUR POWER! Now that reamins is to ... BTW...this forum is gonna to get a lot of play!
To Local Cop wrote on Jul 29, 2008 1:26 PM:The same could be said for all those 'cops can do no wrong' guys who knew SHE was the ONLY one at fault.
Seems like a strong case of the pot calling the kettle black when it all comes right down to it.
to Osider wrote on Jul 29, 2008 1:29 PM:What are you talking about. Do you have some important information that the rest of us don't know? Or are you merely speculating and assuming what you see in the movies is real and then aply it to your life?
To Osider wrote on Jul 29, 2008 1:32 PM:Most of you are right with the thought that both deserve to be punished in this case. To Osider,you watch way too much TV. I have been with law enforcement for over 25 years. If cover ups happen all the time try to name one, odds are you can't.
To Haha wrote on Jul 29, 2008 1:42 PM:I'm right there with ya!!!!
Oceanside wrote on Jul 29, 2008 1:55 PM:I personally think BOTH should be charged. To me, neither the officer or Silva acted responsibly. Glad to see there is SOME justice still left in the county.
Glad to see.. wrote on Jul 29, 2008 2:04 PM:... This news made my day!!!!
nate wrote on Jul 29, 2008 2:05 PM:where is esteban and his crew? they were so sure this cop would never get charged as he was(supposedly) in the right. please come out. we would love to hear your opinions now.
esteban wrote on Jul 29, 2008 2:21 PM:I smell bacon in the skillet
esteban wrote on Jul 29, 2008 2:26 PM:... I cant wait for all the facts to come out. As for the da pressing charges I think it is all due to public pressure. The truth will come out in the end ... I hope I hit the lottory and be picked to be on the jury when the trial comes around.
OCEANCIDIAN wrote on Jul 29, 2008 2:28 PM:... OPD coverup? They did their job and did it well, as usual. They were right in not commenting while the case was under investigation, despite all the whining and criticism they received.
bogie wrote on Jul 29, 2008 2:29 PM:Okay, now all the cop bashers are back tracking but still applying heat by saying "Bonnie D. was dragged kicking and screaming", "Still think the charges were a bit tardy", "if you dont think cover ups happen", "it is about time that cops were put on notice", "The same could be said for all those 'cops can do no wrong' guys", "strong case of the pot calling the kettle black". Listen up folks and HaHa, justice has not been served yet. We have charges and charges only. HaHa, the fourth group that you forgot to mention, which includes me, said at the time and still says today, wait for all the facts to come out. Although this blog is calmer than the last one, people are jumping to conclusions again.
to esteban wrote on Jul 29, 2008 2:35 PM:you're hopeless........
Rasta Man wrote on Jul 29, 2008 2:39 PM:society has been sacrificing lambs for centuries. White's head is going to roll for the preservation of Dumanis.
Peter wrote on Jul 29, 2008 2:42 PM:Justice hasn’t been done yet, White has only been charged. The fact is the charges aside, a conviction is a slim chance without things like a tox report on White, and the missing video tapes. It’s a win-win for Bonnie, she can sell one side to the people, another to law enforcement when he is cleared or the charges are dropped. There are a lot of good cops out there doing a tough job, and doing it in a professional manner. They will continue to have my support, but cops with an attitude like local cop I just assume not encounter, even if I need assistance.
Haha to bogie wrote on Jul 29, 2008 2:43 PM:You're right bogie, the facts still haven't come out. When they do, we still might get ignorant people like esteban on the jury, then we'll have the bizzaro world of trials when compared with the OJ trial.
Let some of us enjoy the day for what it brings us. The fact is, charges have been filed on both parties. How it turns out is another matter.
Dude wrote on Jul 29, 2008 2:45 PM:Glad you all are so happy, this is FAR from over. The charges while ok could have been a little stiffer (IMO)
Bonnie will put the greenest newbie on this case in hopes of losing, betcha.
Hopfully, Officer Frank White will not be an officer much longer (I doubt it)
I have little faith in our "system" Come on Bonnie, Prove me wrong.
BTW, I'm for both parties going to jail.
RG wrote on Jul 29, 2008 2:46 PM:Best news I've heard in a long while. A cop actually being held accountable. I hope it sends a message to others in law enforcement that they too have to be responsible for their actions. Both White and Silva were wrong and they both need to pay the price.
Response to esteban wrote on Jul 29, 2008 2:58 PM:What kind of racist and or hateful statement is that! You would be angry if we said something about mexican food!
OSPD did a good job wrote on Jul 29, 2008 3:00 PM:A fair investigation when the pressure was on! Thanks OSPD!
The blue line has been crossed wrote on Jul 29, 2008 3:03 PM:OPD crossed the line in the interest of justice! Good job OPD! It wasn't always like that here in Oceanside!
How do the say it in vegas wrote on Jul 29, 2008 3:04 PM:Keep your gun in your pants!
my opinion wrote on Jul 29, 2008 3:30 PM:I sure nope none of you are on the jury-if your making your statements without knowing all the facts, then your whats wrong with this justice system. You can bet political and media pressure is felt in bringing these charges. Why would anyone want to be a cop today. Believe me its not worth it. Even if---next time you make a mistake at work, just think, possible 9 yr prison sentence. The DA took months to make this decision, the cop had just seconds.
JAMES wrote on Jul 29, 2008 3:41 PM:wow, took them long enough. if i ever shot at an un-armed woman and kid, hell even if ther WERE armed, i'd be in handcuffs and awaiting trial. an officer shoots, then asks and is JUST NOW getting a slap on the wrist? i'm sure he'll get some kind of an award soon.
Stacey to Bogie wrote on Jul 29, 2008 3:51 PM:I agree ... there are still many facts to come out. The only real obvious 'fact' so far is that both of these so-called adults used very poor judgment and acted very badly ... ultimately putting a child at risk. While the punishment will be based on more than the obvious, I for one am glad to see that they are both going to have to answer to someone for the events of that night. It may be a small dose of temporary justice, but I'll take it ... for now.
Haha to Stacy wrote on Jul 29, 2008 4:20 PM:Right on!
To My Opinion wrote on Jul 29, 2008 4:22 PM:We must hope that the jury will carefully consider all facts as they are presented ... regardless of what they read in the papers. Unfortunately, I have no faith whatsoever in the jury system.
The only correction I have to make to your comments is this ... "Even if---next time you make a mistake at work, just think, possible 9 yr prison sentence." ... He didn't make a mistake at work. He was off duty.
I'll have to wait with the rest of us to see how it all plays out, but I'm sure glad that both of these bad behaving people will have to answer for what they've done.
SOLON wrote on Jul 29, 2008 4:24 PM:He was wrong. She was wrong. But the kid was innocent, and the cop shot the kid. The cop must pay for this. Don't hand me any of this "collateral damage" crap.
The Final Word wrote on Jul 29, 2008 4:45 PM:This is the result we all hoped would happen. This decision by the DA was proper and speaks well for local law enforcement.
crazy wrote on Jul 29, 2008 5:42 PM:I think it is crazy that everyone is saying a cop is finally being held accountable. If you mess up in your job what happens, your boss probably talks to you and you keep going. You mess up as a cop you get fired, run the risk of going to jail and loosing your house, car dog everything. Cops have never been above the law. If you check with most places they are even docked the $400-500 and written up if they run a red light on duty!! So I think it is crazy that everyone thinks that cops are above the law and never held accountable.
Bottom line.... wrote on Jul 29, 2008 6:15 PM:the off duty cop shot an innocent kid. Both parties were wrong, but I still stand by my opinion that a gun was not necessary.
Has anyone wrote on Jul 29, 2008 6:24 PM:noticed that Bonnie has gained a few pounds? Must be the stress of the job
Serpico wrote on Jul 29, 2008 6:28 PM:Justice took too long. Whites actions caused problems for the OPD on the street. Should have been charged on day one.
Jeff wrote on Jul 29, 2008 6:47 PM:I hope everyone involved,ie: Silva and White, will get a fair trial by an impartial jury, letting justice be served. It troubles me to know that so many people simply take a stance based on emotion, and convict people in their minds without knowing any facts. The justice system is not failing the people, the people are failing the justice system. The wheels of justice spin slowly, and for a reason.
To Crazy... wrote on Jul 29, 2008 7:22 PM:There is a difference between messing up at work and messing up by shooting at someone. Your comparison is ridiculous.
To crazy wrote on Jul 29, 2008 7:34 PM:What's "crazy" about a cop being held accountable? Firing 5 shots into a car is a lot different than messing up on your job and having your boss talk to you. And you seem to think it's okay for cops to run red lights? I think he was VERY LUCKY he didn't kill the woman and child. He would be facing a lot more than 9 years. With Bonnie D's history of letting cops off, she must think White was WAY over the line on this one to charge him. He should be held accountable.
I think it is crazy that everyone is saying a cop is finally being held accountable. If you mess up in your job what happens, your boss probably talks to you and you keep going. You mess up as a cop you get fired, run the risk of going to jail and loosing your house, car dog everything. Cops have never been above the law. If you check with most places they are even docked the $400-500 and written up if they run a red light on duty!! So I think it is crazy that everyone thinks that cops are above the law and never held accountable.
To Crazy wrote on Jul 29, 2008 8:01 PM:Your theory may apply if he actually messed up at work. Trouble is he was off duty.
JailHouseNot wrote on Jul 29, 2008 8:09 PM:Innocent until proven guilty, the question should be can the DA get a conviction of the higher charge “negligent discharge of a firearm” (this is not a very severest of charges that could have been filed given the outcome). The lesser charge will be tossed out or not guilty. The officer reacted exactly how anyone legally carrying a firearm would be expected to react, ready it for use. Remember guilt is proven “beyond” any reasonable doubt. So the question a jury will need to decide is if the officer’s actions given the circumstance were negligent beyond any reasonable doubt. I’ll be conservative and say not guilty 50%, hung jury 30%, plea barging 10%, guilty 10%. The DA has filed an interesting charge one normally reserved for revelers, can shooters, drunks shooting up lawn mowers, accidental shootings, shooting your neighbors fence and I believe one which someone also must be injured directly or indirectly by the action. The defendant will argue he felt his life and the life of his spouse were in grave danger (the officer’s level of response changes when the spouse is present). When someone is tracking you down it will be hard for the jury to see it any other way. A must case to follow and an outcome that may surprise many posting here today.
alfredo wrote on Jul 29, 2008 8:33 PM:25 years since a cop has been charged for using his gun? Thats a long time. How many people have been killed by cops in that time? This guy "esteban?
Bet he would just go on the jury and lie that he has not formed an opinion on the case.
Are they going to be able to find jurors that would dare find the cop guilty?
To James wrote on Jul 29, 2008 8:42 PM:Excuse me, but Ms.Silva was armed, with her auto. Where did she think she was, at a demolition derby???
Both wrong wrote on Jul 29, 2008 8:54 PM:Two people acted negligently that day. There was one victim. Little Johnny should sue them both.
Well Now wrote on Jul 29, 2008 9:02 PM:Esteban:
Get it right. My kids giggled when I made bacon/sausage singing this ditty:
I smell bacon;
I smell pork;
Run little piggies,
I gotta fork.
What does bacon in the skillet have anything to do with policemen?
Ninety-nine percent of OPD folks provide AWESOME service!
Can't have a 100% because OPD is made of humans and humans are fallible.
Keep up the great work, OPD.
Pluto wrote on Jul 29, 2008 9:03 PM:I'm pleasantly surprised he was charged, but still, negligent discharge and brandishing are pretty lightweight charges. And he might get a sweet deal or the prosecution might encounter some "obstacles", like those Marines who mostly got off in the end. White should have been charged with assault with a deadly weapon, and if it had been you or me, two counts of attempted murder.
Bogie wrote on Jul 29, 2008 9:38 PM:Jeff gets my award for most logical and sane post today. Good job Jeff
To Crazy wrote on Jul 29, 2008 9:40 PM:If I were to negligently fire a gun into an occupied vehicle, I would likely be arrested and charged with a felony. Not only that but I would probably lose my job. Why should it be any different when a cop is involved?
Allen wrote on Jul 29, 2008 9:45 PM:People are getting feed up with police officers getting away with a lot and using "I feared for my life" quote all the time. What happen to the Costa Mesa officer who shot and killed a man in Temecula, better yet..what happen to the officer who shot and killed a man in Ingelwood.
EscoWatchDog wrote on Jul 29, 2008 10:09 PM:I also agree both should be charged for both did wrong. I am glad no one got killed! I am also surprised the DA is using reason on this one! We'll see how it pans out.
Osider wrote on Jul 29, 2008 10:36 PM:The truth must hurt NCT because, you are on the side of OPD every time. Some post a bad post and they call in and you delete the post. The fact of the matter is, there is corruption within the force by the way some reports are written up by manipulation of the truth. Everybody knows a jury will use the police report as a basis along with testimony this is where cover up exist. For anyone to think it doesn't, you have live a shelter life and never have been exposed to the reality. All it takes is a few to taint the whole force which isnt' fair to the good ones. Hopefully, JUSTICE WILL BE SERVED!
let justice be served wrote on Jul 29, 2008 11:29 PM:im so relieved that justice is being served finnally the d.a. did something good "no justice;no peace"
I like pork wrote on Jul 30, 2008 12:13 AM:But pork isn't healthy for you.
I truly am speaking of pig meat, and not making jab at police officers.
Unlike some of the comments posted here.
I just wish cops would use their turn signals like the rest of us, that's my only "beef".
Actually Supporting POLICE on this wrote on Jul 30, 2008 1:36 AM:I absolutely hate the OPD. I think they are pathetic and scared to patrol my neighborhood. I have a horrible personal relationship with them and they know this. Ironically enough, if some moron was crashing their car into mine and following me, I'd brandish a gun as well... If you value your life in this part of our city, I'm not sure shrugging, smiling, then calling 911/your insurance agent would work here kiddies. Get real; you would be in defensive mode too.... AND his wife was in the car? CASE CLOSED - Innocent and throw that ... mother in jail for a LONG LONG TIME. Alll you cop haters need to realize that given the situation I would LOVEEEEE to hear what you would do.
Someone will respond a mother and child.... you could be GOD for all I care; You come at me like that and follow me, I don't trust anyone. Step away, I'm defending myself.
To esteban wrote on Jul 30, 2008 4:48 AM:YES!!!! ... FINALLY!!! I am hoping the same thing I hope I get my jury summons to serve on that jury too. I think he will be found guilty. Most jurors have children or are aunties and uncles and will sympathize with poor little Johnny Silva and convict this guy. YIPPEE!!! HOORAY!! JUSTICE STILL RULES IN SAN DIEGO. I hope this sends a message to all Law Enforcement officers that blatantly using your weapon will not be tolerated. I never thought I would say this but thank you, Bonnie Dumanis you have done the right thing.
heyese wrote on Jul 30, 2008 5:21 AM:I lived in Escondido ('83) when that robbery/hostage fiasco occurred. I remember not only DeLange's incident but Escondido Police Dept. procedures went out the door when the robbery occurred.
If I remember correctly, several police shot at the escaping robber (in car) as it drove down a crowded street with pedestrians and other cars. Just like on Starky & Hutch.
Leslie Landerman was shot as she ran out of the car stuck in a cul de sac surrounded by armed police.
Cops knew there was a hostage and where she was sitting and Delange still plugged her with double shot from a 12 gauge.
Moral of the story...cops do panic and can get it wrong
John wrote on Jul 30, 2008 6:19 AM:Wait a minute-ONE COUNT??? He fired his weapon HOW MANY TIMES??? And just ONE COUNT comes of this?? Can you say "probation"? Case dismissed? It will NEVER SEE A TRIAL! The DA is siding with the officer, trust me!
Gordon wrote on Jul 30, 2008 6:24 AM:Firing 5 shots into a car....at a women and child is attempted murder...!!!!
Randy wrote on Jul 30, 2008 6:34 AM:Although I appreciate the courage it took for the DA to charge a cop, the charge does not fit the crime of attempted manslaughter.
Jim wrote on Jul 30, 2008 6:39 AM:If he would have stopped firing after the first shot that hit the boy. Yes he needs to be held accountable, I just don't know about up to nine years in prison. I would have to think about this one for a while before casting a sentence.
Wrong wrote on Jul 30, 2008 7:03 AM:Wrong, wrong.
So glad I relocated to Texas where citizens can LEGALLY defend themselves.
I wish Officer White the best of luck.
For the childs sake- wrote on Jul 30, 2008 7:09 AM:This all started when the lady first got in the car being under the influence. That's what caused her to do what she did on the road and her dumb a** jeopordized her son's life by letting him ride in the car w/ her while she's under the influence and getting into a road rage w/ White and so he shot for self defense. She didn't think that was comin. Kids don't deserve to be put through crap like this and for her being a mom, she should've known better to not be driving under the influence and having her son in the car w/ her. She's lucky they're still alive. I don't like cops myself but in this case, he only did what he did to protect himself & his wife for the crap that Silva pulled on the road. What was she thinking? Especially while having her son in the car w/ her?...some people can be so stupid!! Poor kid..he needs a real mom!
Yadda Yadda wrote on Jul 30, 2008 7:34 AM:Gotta wonder why this off duty cop just didn't back off, take down the license number, call for uniformed officers to assist him? Give a badge and pistol to some people and they think they are God Almighty, Superman and the Law all rolled into one.
Afraid to patrol your neighborhood wrote on Jul 30, 2008 7:35 AM:Please! Big deal. Where do you live in Oceanside that is so tough that the police are afraid to go?
Vista Granny wrote on Jul 30, 2008 7:47 AM:Good!
DA messed up wrote on Jul 30, 2008 7:48 AM:I think White is being used as a scapegoat. If anything the DA should had charged Mansker. Mansker went out of his way to pursuit Foley in his off duty vehicle.
White and his wife were just driving like regular citizens not trying to cause any trouble! So according to the DA, if some crazy "B" pursuit you and you defend yourself you are wrong!
According to the DA if some crazy cop pursuit you, in his off duty vehicle, shoots you a few times, it's ok!
Charged Mansker, Let White go!
LOL wrote on Jul 30, 2008 8:35 AM:Nothing to see here people. Just move right along. He'll be acquitted of all charges and will be back on the beat in no time.
Tommy wrote on Jul 30, 2008 8:35 AM:Let's sift through all the posturing of public relations here. Was White wrong? yes!
Why did he shoot? he was in fear for his life. You would have to get inside his head to see what he was thinking at the time of the shooting, and this is impossible. Did he have any malicious intent? I doubt it. Any competent defense attorney will make mincemeat of the DA's case, and any reasonable jury will never convict this guy. Especially when they get a change of venue. Meanwhile our DA will maintain the facade that she is "tough on crime". Life goes on and this will be ancient history soon. The [woman] with the kid in her car was the cause of all this mess.
Escondido Resident wrote on Jul 30, 2008 9:07 AM:I am so dissapointed with the decision to charge the police officer and with the reaction of the public. ... The officer did what he was suppose to do and that was protect himself, his wife and the public. I am ashamed that the public blames the officer, as someday an off duty office may need to protect you. Because of these charges, an off duty officer might think twice about protecting the public. It wouldn't be worth it to them to take the chance of getting charged. Shame on you public. I am proud of the men and woman that risk their lives day in and day out to protect us! Let them do their jobs. ...
How sick is the childs wrote on Jul 30, 2008 9:14 AM:attorney who want's this cop charge with attempted murder when the mother of the child should be charged with that as well. THis mother endangered her child [allegedly] in several different ways. We all know the story so I won't go into it. But, attempted murder would be a joke. Now, for this cop, I see it going to trial and NOTHING happening to him. I would love to also be on this jury, tooo bad I don't live in CA anymore!!
To EstebanIndian Chief wrote on Jul 30, 2008 9:18 AM:How would you like your crow served? I am proud of the DA.
wrote on Jul 30, 2008 9:33 AM:You know I really don't know that facts but is what I do know is that cops, police officers, or "pigs" whatever you call them, are part of the human race. In the human race we have many people who are kind, mean, violent, smart, dumb etc. Police officers are not robots, they are people who work hard and have families, and sometimes even make mistakes.
Oside Res wrote on Jul 30, 2008 9:34 AM:Well I'm glad to hear the DA came through on this one and OPD provided good hard facts allowing this decission to be made. I'm also glad that Esteban will be dining on Crow. I"m sure he will not admit of being incorrect and will spin this in to it was Esteban's recommendation. Bon Apetit, Esteban!
Allen wrote on Jul 30, 2008 9:39 AM:To Wrong....Glad you moved back to Texas but having people ride around with guns in their cars to defend themselves is not the solution. Funny thing, majority of kids and school shootings happen back east..Wait a second, could that be because it's legal to carry a firearm :-)
Osider wrote on Jul 30, 2008 9:41 AM:Cool, I can brandish a fire arm and only get a misdemeanor and not be tested for substances. Cool.
Richard wrote on Jul 30, 2008 9:42 AM:To Jim: 9 nine years is nothing, if he is found gulity he will only do half of the nine and he would get out and not serve the entire 9 years but let's say it was you, you would be looking at 15-25 years in prison.
Faux Chuckles wrote on Jul 30, 2008 9:46 AM:Is it just me, or does White and Mansker look like they could have been the inspiration for the bumbling John Candy and Eugene Levy in the movie "Armed and Dangerous"?
NONAME wrote on Jul 30, 2008 10:13 AM:HOW MANY OF YOU WOULD LIKE TO BE A POLICE OFFICER? THIS POLICE OFFICER WAS DOING WHAT HE FELT HE NEEDED TO DO TO PROTECT HIMSELF FROM HARM.
IF THIS WOMAN HAD ANY SENSE SHE WOULD NOT BE PUTTING HER CHILD AT RISK TO BEGIN WITH DRIVING WHILE INTOXICATED AND WITH DRUGS IN THE CAR. HOW DID THIS POLICE OFFICER KNOW IF SHE WAS A DANGER TO HIM OR HAD SOMEONE ELSE IN THE CAR THAT COULD HAVE BEEN A DANGER.
I THINK IT IS UNJUST TO PUNISH HIM.
J
Deputy wrote on Jul 30, 2008 10:44 AM:So Mansker violates every policy & procedure following and shooting a drunk driver, he gets a free pass!
White was followed by a crazy drunk driver, shoots to defend himself and his family, he gets charged!
Unbelievable! I guess it's time to get another job!
To_Local_Cop wrote on Jul 30, 2008 11:32 AM:If your a cop you very well know that those charges will not stick. When you shoot a firearm at somebody 5 TIMES and hit tham its call assault. Watch those charges get droped!!
Concerned citizen wrote on Jul 30, 2008 11:44 AM:Just because a peace officer is not on paid status (on the clock) does not mean he is not on duty. A peace officer has full police powers 24/7. That's what you fools do not understand. Police are trained to make split second choices. Unlike citizens who have zero training and have no idea what a police officer has to deal with on a daily basis. I hope justice is served in this case. I hope the jury takes it serious and only convicts if the case is proven, not because of all these "cop haters".
If it were you or me... wrote on Jul 30, 2008 12:02 PM:If it were you or me the list of charges would be much longer. We would have to post bail on all, including the most trumped-up charges. If we managed to post bail, the bail would be increased at a bail review hearing and we would be rearrested. We would sit and rot in jail why our case proceeded at a snail's pace. We would end-up taking a plea rather then being foced to pay extreme lawyer fees or risk being defended by an overworked Public Defender who has more cases then they can possibly defend. I hope you police officers are offended by the actions of this officer, which in the end give all cops a bad name. Are you not bothered by all the anti police posts on this board? Of course not - because you are the ones with the guns.
Joe Worker wrote on Jul 30, 2008 12:08 PM:The idiots are coming out of the woodwork.
Sleeping but Awake wrote on Jul 30, 2008 12:14 PM:using the logic in the posting of Deputy and NONAME you would need to believe that this shooting was justified. Most reasonable people who have read the facts as rpesented to date can and will not agree. Officer White had no necessity to discharge his weapon and was not in imminent danger by all accounts. He made a horrible and tragic error and will be on trial and able to defend himself. It is not about the other party and their actions as her behavior could not justify this shooting and two wrongs never makes a right. To those who try to justify this shooting I say, can not be done.
The end is near wrote on Jul 30, 2008 12:19 PM:People here are nut cases.
This whole thing is sad....And I'm not talking about the Cop vs. Drunk Mom.
There is obviously something not right with both of these parties.
The worse thing is the reaction in the posts here. People hate Cops? I don't. No problem with them. They keep us safe. A few are bad seeds but for most part, they are good people doing an amazing job.
I have one HOPE...That justice is served.
Hmmm wrote on Jul 30, 2008 12:21 PM:Jim Wood, Mayor of Oceanside said he was a little surprised. Surprised that Dumanis finally broke ranks from protecting the Membership of the badge and charge him for his crime - or that Police Officers - he tries top protect were out of his protective grip this time. Either way - he has to go. Thank God Election Day is coming nigh!
Get a Clue wrote on Jul 30, 2008 12:30 PM:Concerned Citizen - Officer White displayed zero training the night he shot a 8-year old defensless boy... Are you saying that your extensive training teaches you to shot six rounds into a car that is backing away from you hitting an unarmed woman in a Road Rage incident. You need to go back to training. ... This began as a road rage incident. The Officer should have turned that other way like others in the same situation. Instead Officer White, and his great training, decided to draw his weapon and discharge it in open public area where others could have been in danger. Great Training Officer. ...
Third time wrote on Jul 30, 2008 12:40 PM:in 25 years a cop was brought up on this type of charge? Is it any wonder why this goes on and on? The cops can do no wrong according to our current and past DA's.
Rookies and guns wrote on Jul 30, 2008 1:05 PM:Per another news source, "It marks the first time in 13 years in the county that a law enforcement officer, either on or off duty, has been charged with a crime for shooting someone while acting under the color of authority".
This being the case, it seems the evidence must be very strong against White for the DA to bring charges. But will he serve 9 years? Very doubtful. My personal hope is that policies allowing rookie cops to carry guns off duty will be changed.
People remember this was a San Diego Police Officer wrote on Jul 30, 2008 1:15 PM:The mayor of Oceanside has nothing to do with it! Do any of you read? Geezzz!
Shot me wrote on Jul 30, 2008 1:15 PM:I want to be worth billions!!
NRA nut wrote on Jul 30, 2008 1:17 PM:The cop did what any of us would do if we just carried our guns with us at ALL times. Too bad his wife wasn't packing as well. She could have got off several shots herself. People would think twice about denting a car if they knew they could get shot.
The drunk mother should have had a couple of guns, too, for her own protection. Then she could have shot back. What a great shoot out that could have been. It would have settled things then and there. No expensive investigations or trials needed. Find out who is in the right by finding out who is the last one breathing. Second amendment rules!
To all cop haters wrote on Jul 30, 2008 1:29 PM:The system may not always be perfect but think you can do a better job...PROVE IT.
So lets see if we get this straight wrote on Jul 30, 2008 1:32 PM:The general public hates the police. The newspaper has no respect for police as apparent in the use of the word "COP" to identify a Police Officer and the terrible slant toward favoring the suspect each time they write a story. Now like a feeding frenzy every moron that was ever so-called wronged by a police officer, gets on the mob mentality! Become Police Officer? Not on your life! People do not care. They bitch and complain when you do your job and complain when you do not. Then there is the little thing that involves day to day danger and hostile people on every call! No! Not me! Thanks OPD for a fair and good investigation. Thanks SDPD for suspending the police officer and letting this go to the courts.
So what department was the Police Officer from wrote on Jul 30, 2008 1:33 PM:OSPD or SDPD?
Response to Hmmmmmm wrote on Jul 30, 2008 1:35 PM:You don't make any sense!
To all cop lovers wrote on Jul 30, 2008 1:48 PM:Their are plenty of police state countries in the world, your not going to turn my country into one
Haha to Concerned Citizen wrote on Jul 30, 2008 2:03 PM:Concerned Citizen mentioned a peace officer has full police powers 24/7. Ok, I’ll bite. Do you know what the difference is between a private citizen’s power and a peace officer’s power? Well, it’s very little. A peace officer can arrest if they reasonably suspect a person committed a misdemeanor where a private citizen needs to witness it occurring. Where felonies are concerned, both private citizens and peace officers only need reasonable suspicion that someone committed a felony in order to arrest.
Currently it seems reasonable with the information already released that White did believe he witnessed Silva committing a felony. If White hadn’t brandished his weapon prior to being “side swiped”, or if he had properly identified himself as a peace officer, it might be more reasonable to assume he was either using force to apprehend or defending his and his wife’s life. Now if he escalated the situation to the point where she decided to assault with her vehicle is a different argument. Hopefully these things will come out in trial.
Now, let’s place a private citizen with a permit to carry in this same situation with the same results. Do you think this private citizen would have walked that night without being tox-screened especially after discharging their firearm 5-times into this car with two people in it?
Don’t be so quick to call people fools, because you might be implicating yourself as the fool…….
What really happened wrote on Jul 30, 2008 2:14 PM:As a juror, one of the most important questions to me would be, "What exactly happened BEFORE the shooting?" After White swerved to avoid Silva's car, did he then cut back in front of her? How did she end up behind him? If White contributed to the escalation of the "road rage" incident to the point that it led to a shooting, then he bears responsibility for the shooting as well. I am not a cop-hater, but I do know a lot of LEO's that have very bad tempers.
esteban wrote on Jul 30, 2008 2:25 PM:OK NCT, I'll try this again...nice to be back in CA after a week abroad (Mex). Seems things have got a little interesting round here. First of all, the previous esteban posts were not made by me. Whenever cop stories come out, the fake esteban's go nuts. But I guess imitation is the sincerest form of flattery. Anyway, relax anticops. The charging of White was a political move to appease the ignorant masses (ie: you anticops). Bonnie's looking for re election remember? Given the facts, even the ones stated in the above article give rise to obvious self defense. White didn't go out looking for trouble...silva did! I believe an honest jury will find him not guilty. Even Mansker got off (criminally). Then White DEFINATELY should get off. So hold that crow anticops, and I'll serve it to you come verdict day!!!! And NCT, I don't know what was wrong with my last post.
Oside Res wrote on Jul 30, 2008 2:39 PM:Nice argument Esteban, Two wrongs make a right. Logic 101, Adios! back peddle all you want, enjoy the crow.
To Esteban wrote on Jul 30, 2008 2:43 PM:You said he would never be charged, and now he will never be found guilty, probably true as OJ is all you need to say. You did say he would never have charges brought against him. I believe that is eating crow. Not anticop, anti-stupid.
Esteban Logic wrote on Jul 30, 2008 2:47 PM:2 wrongs make a right, Dumanis did this for election, If your on the jury and you find officer white guilty, your not honest. I think you might havefever from the mexican tomatoes and chilis you have been eating. How do they prepare crow in Mexico?
Osider wrote on Jul 30, 2008 3:16 PM:Mayor wood was suprised because, that was the MO of OPD back then when he was a detective. Protect our own! OPD did not check White for any substances helping him defeat these charges if it ever goes to trial. This was just a political move by Dumanis because, we all know that their will not be 12 jurors that will agree. CAN YOU SAY MISTRIAL!
Chris wrote on Jul 30, 2008 3:28 PM:It just amazes me how when a Marine is accused of blowing away unarmed civilians the bloggers side with the Marine no matter what the evidence shows. But when a police officer has someone chasing him and sideswiping his car and then for better or worse the officer shoots at them then the bloggers right away want to throw the officer under the bus even before the trial. I guess you can figure out what I am thinking as to the reason for the difference in the attitude of the bloggers.
Es back in town wrote on Jul 30, 2008 3:38 PM:So esteban, you're back from Mexico. Now we know where you get your great ideas about how the police should be allowed to operate. And you say the charges are political since you can't see how an off-duty cop firing 5 shots into a car and nearly killing it's occupants over road rage is anything. That may be acceptable in Mexico, but not here. caa, caa, caa, (crow noise)
Peter wrote on Jul 30, 2008 3:43 PM:The only thing White was protecting when he fired was his ego. Even the California AG said Silva’s use of her vehicle did not rise to the level of it being considered a deadly weapon. Ever wonder how few of the officer involved shootings in this county involved female officers, and how that compares to their percentage on the forces in the county? An underlying contributing factor could be that police in this county can almost guarantee that anyone they encounter in such an incident, even where the driver was sober, and who is not a fellow officer is not legally armed when in public. Less than 1600 CCW permits issued in the county can lead to a marginal cop feeling more empowered to abuse his authority.
To Esteban wrote on Jul 30, 2008 4:11 PM:Get your story right. You first said he'd never be charged. Well he got charged - with a felony - no less - and you totally tiptoeing around that issue to say instead that he won't be convicted. Give it up. You should just say you were wrong for once in your life and get off your high horse. Or go back to Mexico, that would be good.
free speech wrote on Jul 30, 2008 4:13 PM:post the real estebans post like he wants so we can see where he is coming from
To Chris wrote on Jul 30, 2008 4:15 PM:You are right on!
Haha wrote on Jul 30, 2008 4:18 PM:Concerned Citizen mentioned a peace officer has full police powers 24/7. Ok, I’ll bite. Do you know what the difference is between a private citizen’s power and a peace officer’s power? Well, it’s very little. A peace officer can arrest if they reasonably suspect a person committed a misdemeanor where a private citizen needs to witness it occurring. Where felonies are concerned, both private citizens and peace officers only need reasonable suspicion that someone committed a felony in order to arrest.
Currently it seems reasonable with the information already released that White did believe he witnessed Silva committing a felony. If White hadn’t brandished his weapon prior to being “side swiped”, or if he had properly identified himself as a peace officer, it might be more reasonable to assume he was either using force to apprehend or defending his and his wife’s life. Now if he escalated the situation to the point where she decided to assault with her vehicle is a different argument. Hopefully these things will come out in trial.
Now, let’s place a private citizen with a permit to carry in this same situation with the same results. Do you think this private citizen would have walked that night without being tox-screened especially after discharging their firearm 5-times into this car with two people in it?
Don’t be so quick to call people fools, because you might be implicating yourself as the fool…….
EscoWatchDog wrote on Jul 30, 2008 4:43 PM:To: "I like Pork", I feel the same. I also wish they would obey the speed limit, especially off the freeway. Why do cops abuse their authority so much? Amazes me...We need citizen cops to watch the cops.
EscoWatchDog wrote on Jul 30, 2008 4:45 PM:BTW, how do you know Esteban is from Mexico? (Rolling my eyes!)
To anti-marine wrote on Jul 30, 2008 4:49 PM:Seems Chris is a Marine-hater, or anti-marine. The marines in combat have at least 1,000 times more courage than the average cop. And 10,000 times as much as the cop in question who shoots women and children because "his life was in danger". Don't blame the bloggers for your problems.
GoodnBad wrote on Jul 30, 2008 5:21 PM:There are some bloggers (cop huggers or maybe cops themselves who) just can't comprehend why much of the public criticize the behavior of cops like Mansker and White. They think we should adore ALL cops no matter how absurd the actions of a few bad ones. Well, it's cops like Mansker and White along with the few bloggers who blindly support them who give the many GOOD cops a bad name.
esteban wrote on Jul 30, 2008 5:24 PM:Chris, are you saying the anticops are nuts? Do we agree on something?
Bill wrote on Jul 30, 2008 5:32 PM:Delange should have been crane dangled!
Now that we have people who are willing to make these civil servants take responsibility for their actions, let's keep the ball rolling, from Oceanside all the way to the white house!!
Mexicat wrote on Jul 30, 2008 9:43 PM:I havent' been a big supporter of cops latley, especialy when they follow me at night. I'm not a gang banger just hispanic, my car isn't slammed to the ground, no chrome, just tinted windows. They don't do it all the time but I've been followed a few times at night. All I did was drive after midnight, I get out my job at midnight. it's an unsettling experince. It sucks. Is there law against having long hair and tinted windows?
Anyway, this woman is ultimatley to blame, she caused this mess. I do belive the use of force was excessive. She is to blame.
To mexicat wrote on Jul 30, 2008 10:24 PM:Actually, there is a law against having your windows tinted. Having said that...midnight in a car with tinted windows...dont think the cop can see inside to see youre hispanis. Theres a rule, "Only cops and crooks are out at a certain hour." Unfortunately for those on night shifts, you end up drawing attention to yourselves simply becuase of the hour of night.
Wife of an SD Officer wrote on Jul 30, 2008 11:38 PM:I can't believe what I am reading. If it was up to my husband to make a decision ON or OFF duty to protect himself and others, I would hope to God that he would make the same choice as Frank White... While I am saddened that a child was injured in all of this - I pray that Officer White walks away with his freedom and his job (if he still wants it)! You are in our prayers White family!
Mexicat wrote on Jul 31, 2008 3:10 AM:Well, I can't help it if I work at night, I am making an honest living. You make it sound like we swing shifters are at fault that we work the night shift. Now, I'm kind of nervous to get something to eat after work. Maybe you are right about the tint though.
Re To mexicat wrote on Jul 31, 2008 6:27 AM:It's not illegal to have tinted windows ... there's just laws about how dark the front windows can be tinted.
to to anti-marine wrote on Jul 31, 2008 8:07 AM:Just because Chris is stating the fact doesn't make him an anti-Marine. I'm a Marine Iraqi veteran and a Police officer as well. I agree with Chris, bloggers give the military the benefit of the doubt and cops are guilty as charged by some bloggers.
For you to implied that Marines have 1,000 times more courage than cops is just a stupid comments.
In case you didn't know, most cops in San Diego County are military veteran, so please don't offend us with your ingnorant comments.
To Chris Defender wrote on Jul 31, 2008 8:40 AM:You must be new to these blogs/Letters to the Editor, Chris doesn’t state facts, hates the military, especially Marines, and hates the US for its foreign policies. The only reason he probably commented on this story was to try to get a dig in on the Marines. The charges that have been pursued against Marines for actions in combat have typically been based on shoddy evidence collected by NCIS from antagonistic sources. White was off duty, and a reasonable person, i.e. private citizen, would not have felt threatened, much less armed in this county.
oside mom wrote on Jul 31, 2008 8:54 AM:to wife of SD police officer: Can my husband defend his family like you want yours to? And if he does shoot someone in the process, can he get off like you expect your husband to? Probably not. I guess the gun makes a police officer different from everyone else.
LOL wrote on Jul 31, 2008 9:23 AM:Nice to have esteban back so he can continue being the internet police, judge, and jury. Now everyone be quiet. Esteban is flashing his e-badge!
I love how wrote on Jul 31, 2008 10:56 AM:People advertise themselves as "moms" when all it takes to get that title is to make poor choices in life ... and have no training on how to raise a child. How about advertising yourselves as responsible parents and mentors. Just a thought
to to Chris Defender wrote on



