Mark’s Soap Box

Rachel Silva

Rachel Silva was shot by an off-duty San Diego PD officer over a week ago in a Lowe’s parking lot. Although she was driving on a suspended license (two convictions for DUI), she claims to not remember what happened. Confused, so am I.

the mouthpiece speaks

Rachel Silva has refused to speak with police, however her attorney is finally speaking out.

An Oceanside woman shot in the arm by an off-duty San Diego police officer didn’t threaten the officer before the shooting March 15, her attorney says.

“She didn’t attack him. She didn’t threaten him,” Gene Iredale, an attorney for 27-year-old Rachel Silva, said yesterday. Silva’s 8-year-old son, who was with her in her car, was shot in the leg. Both were released from the hospital March 19.

The ‘mouthpiece’ is filing a claim with SDPD. That of course is the first step to a lawsuit. Gee what a shock, she thinks she hit the lottery.

He said his client recalls a loud argument in a Lowe’s parking lot, with both parties yelling at each other, and that their cars were stationary.

Why has she not given a statement to police? Is she getting her story straight so she can sue?

At one point White got out of his car, and Silva’s son said, “Mommy, he’s got a gun,” Iredale said

OPD is not corroborating or denying the statements.

After the shooting, Silva backed up and struck a curb, Iredale said. He said Silva called 911 shortly after being shot.

She hit a cab? Why is this just coming out?

Iredale said Silva doesn’t remember parts of the incident, such as what happened before the argument. She lost a lot of blood and “was lapsing in and out of consciousness shortly thereafter,” he said.

Bull crap. The attorney says Silva blacked-out.

Iredale confirmed that Silva has two convictions for driving under the influence. He said she has had substance-abuse problems in the past.

In the past? You mean like January?

Iredale said Silva’s former husband, Luis Silva, is a Marine and was in Iraq when the shooting occurred and has since returned to San Diego County.

Gee I wonder why they are divorced?

Silva has two other children, including a 2-year-old son and a third child she gave up for adoption, the newspaper reported.

She sounds like a wonderful person. It’s baffling. [that's sarcasm]

who’s on first

Iredale has taken over the case from John G. Phillips it has been reported. Interesting.

Last week, Oceanside police reported that Silva hired John “Jack” Phillips, the attorney who represented former San Diego Chargers linebacker Steve Foley after he was shot by an off-duty Coronado police officer in 2006.

Phillips’ receptionist said Tuesday she was not permitted to confirm or deny whether Phillips was still representing Silva.

Silva’s civil claim is being prepared by a different attorney, according to reports.

It’s getting weird.

No Special Treatment

Oh really? Seems like special treatment is happening for cops.

In a separate development, an Oceanside Police Department spokesman told the North County Times that the San Diego police officer, Franklin White, was not tested for alcohol or other drugs after the shooting. The woman, 27-year-old Rachel Silva, was tested.

Great. Most in the community feel this is being handled badly.

Short Answer

Silva says:

“She was unarmed, she did not threaten the man, she did not assault the man,” Iredale said. “He just lost it — it was a classic case of road rage.”

Cop says:

“The officer said he felt as if he was threatened,” Poorman said last week.

Unfortunately that is the usual “cop out”.

This is going to get ugly.

Other coverage

You can see video coverage from NBC here. Slideshow here, if you can get it to load. The AP has a good recap. From the San Diego Union Tribune is reporting: Silva tells her side. Yea right.

Previously on the Island

• Update 3: Cop Shoots mom
• Update 2: Cop shoots mom
• Update: Cop shoots mom
• Cop shoots mom