Oceanside defends handling of Cop Shooting
Mar 28th, 2008 by Mark
Los Angeles Times is reporting that the Oceanside Police Department is defending it’s handling of the shooting of a mother and her son by an off-duty San Diego Police officer two weeks ago Saturday.
Rachel Silva is still not talking to Police about her run in with the law in Oceanside. She has found time to file a complaint and research police procedures so she could recommend wholesale modifications in the San Diego Police Department’s operations: off-duty, hiring, firing, personnel management, weapons carry policies and procedures.
OPD defends investigation
Well good luck with defending this investigation OPD. OPD seems to be the only one who is happy with the investigation.
Oceanside Police Capt. Tom Aguigui said investigators are still trying to figure out what led Officer Frank White to fire five shots at Oceanside resident Rachel Silva’s car in a mall parking lot.
White was not arrested or tested for drugs or alcohol. But he was questioned after the shooting, which occurred about 9:15 p.m. on March 15.
I have questioned his not being tested for drugs or alcohol, while the mother involved was tested. This looks bad, even though it’s not. She is a convicted drunk driver, he is not. She [allegedly] drove into a taxi he did not. She has refused to be interviewed, he and his wife have not.
It’s entirely possible that she was looped, and that it was obvious to the officers at the scene. Then again, she is a drunkard [aka drunk] driving on a suspended license, so it is really a moot point.
White’s wife, a Carlsbad police dispatcher, was with him in the car when the shooting occurred, and has been interviewed by police.
Silva, 27, has refused to be interviewed by police.
It seems clear,to me at least that the woman is at fault here. She clearly has some issues. Being twice convicted of drunk driving, driving on a suspended license, putting your son’s life at risk while in a vehicle, and then running down a taxi after getting into an altercation with a cop and having the cop fire upon her. Then she lawyers up and refuses to talk to police, whilst she has time to file a complaint against them.
Even if you subscribe to the theory that cops are trigger-happy, it really is a stretch to say that a cop would shoot someone in a busy parking lot with a little boy next to her. Oh it could happen, however it’s more likely that the women tried to run him down, and he shot her.
Silva was driving on a suspended license and had two drunk-driving convictions, according to court records. Aguigui said police had probable cause to order Silva’s blood drawn, but none to make a similar decision involving White. He said San Diego Police Chief William Lansdowne was briefed about the incident as a courtesy to a fellow police department, but no similar briefing has been given to Silva’s attorneys.
Seems the LAT is trying to make the OPD look bad, they don’t need any help. It’s tough to brief someone when they won’t talk to you. Plus it’s a lot different to brief a police department as to an incident with an officer, as it is to brief a criminal — please, she is a two time loser who was breaking the law AGAIN — who won’t even answer your questions. The former is a matter of public safety, the second is not.
Silva was struck twice in the arm; her son, Johnny, was struck once in the leg. Silva’s ex-husband, a Marine serving in Iraq, has been given emergency leave to be with his son.
Aguigui said four bullet holes were found in the windshield of Silva’s car and one in the front passenger’s window. The driver’s window of White’s vehicle was shattered.
Seems pretty clear that she was trying to run him down.
But Aguigui declined to describe the relative location of the two cars when the shooting occurred
Does he need to do that? I think not.
Silva, who is being represented by “civil rights attorney” Eugene Iredale, filed a claim Wednesday with the city of San Diego for unspecified damages. The claim alleges that White, 28, who has been an officer for two years, is “manifestly unsuited” for his job and that Oceanside police are showing favoritism toward a fellow officer.
The claim also asserts that the San Diego department has been negligent in not testing its officers periodically to discover “rage tendencies.”
“It seems to me the temperament shown &mdash the rage &mdash is the kind we do not want in a police officer allowed to carry a firearm,” Iredale said.
Ballsy! His client is a criminal with tendencies to break the law, and it’s the SDPD’s fault she is once again in trouble. Wow, ballsy! What exactly qualifies her to question a cop or his department, she’s a drunk and a criminal. A repeat offender.
I submit that Rachel Silva is manifestly unsuited to be in society, and therefore must be removed forthwith. Furthermore Silva’s past behavior, temprament, and actions show that she is unfit to drive a vehicle on public roads.
If her claim is rejected, Silva will be able to file a lawsuit.
Which is exactly what will happen and everyone knows this.
Considering the ease with which wrong-doers can file lawsuits, I see little wrong with the investigation so far. The media is just pissed they are not getting a story with which to attack the police.
As an aside, this article points out the difference in quality between the San Diego Union Tribune and the Los Angeles Times. Way better reporting, even if it’s slanted, and it is.
UPDATE
March 29, 2008: A local TV station recreated the event, and reported White fired from inside his vehicle while alongside the passenger side of Silva’s car. If so, then there is no way he could have not seen the little boy. Also in the broadcast it was reported that there is a video of the event in the parking lot. It has not been released, or commented upon by police.
The San Diego Union Tribune story is here [click-it]. Some of the items missed are that Officer White’s driver’s door window was shattered, police are saying that White fired from inside his car (which was displayed on the local news recreation).
During the news conference at OPD, Capt Tom Aquigui gave this statement:
The statement he read said the department “understands the need to be forthcoming with information,” but its first responsibility is to “conduct a thorough, complete, and professional investigation.”
Well once again I must point out that in the past, investigations like this have not been handled with such secrecy. This of course is why most people here are so upset about the handling. The appearance is of favoritism. I don’t agree with that, based upon what I know. Hopefully the OPD is smart enough extradite it’s self from a sticky situation before it becomes a real nightmare and stains the OPD.
Previously on the Island
- Rachel Silva and Attorney on PR Blitz
- OPD corrupt or clueless
- Drunk Rachel Silva Demands Cops Get Psych Evals
- Update 4 Mom remembers nothing
- Update 3: Cop Shoots mom
- Update 2: Cop shoots mom
- Update: Cop shoots mom
- Cop shoots mom
Tags: san diego, john g phillips, rachel silva, camp pendleton, kelan poorman, frank white, usmc, marines, dwi, dui
Gee Mark, your headline “An Island of Sanity in an Ever Expanding Ocean of Stupidity” would lead one to believe you are a level headed individual who likes to see things with a clear eye, and you most likely are. However; the arguments you use to support your position on this story are spurious at best, and at least logically fallacious.
And the headline itself is disingenous, as it refers to drunk Rachel Silva, which either means she was drunk at the time of the incident (which hasn’t been established) or that you are labeling her a habitual drunk, which she may, or may not be.
An objective reader could place you in the the camp of police apologists.
Thanks,
Terry
No, Terry they would place you in the camp of Drunk Rachel Silva. More accurately she is a Drunkard. However most people use Drunk and Drunkard interchangeably.
Fortunately for me most people read what I write before commenting and showing their ignorance.
As for Police apologist, hardly. I live in Oceanside not San Diego.
Rachel Silva is a Drunkard, criminal, and irresponsible person. Frank White is a cop, who to date has not been shown to be a drunkard, criminal, or irresponsible. Hmmm, who should I side with? Beyond that Silva was engaged in overt act of lawlessness; driving on a suspended license. Even worse she decided to confront someone whilst doing this with her son in the car. Now she is pretending to be an expert in policing and responsibility, all while claiming the mantle of victim.
If this was not so serious, if would be a skit on Saturday Night Live as it is so fantastic as to be comical.
Oh yea, and the headline is accurate, they are defending their handling of the case. duh.
[...] Oceanside PD Defends handling of Cop shooting [...]
Mark, your Officer-White-Could-do-no-wrong bias is very obvious. Have you seen his employment file? He’s only been with the SDPD since Oct. And you claim the woman, who was married to an Iraq-bound marine, mother of small boy, is wrong because she was the one shot at. Wow, great logic. She and her kid are shot at 5 times. Great logic.
And besides, what makes her a criminal, as you claim? You say she is not meant to be in society. Should we hang her? Lock her away for life? your imagination is draconian.
Check out our perspective, very, very different than Mark’s, at obrag.org.
Sorry but you are quite wrong. As of right now, Officer White is doing what he should be doing, Rachel Silva IS NOT. She is clearly looking for a payday.
Officer White has been with SDPD for 3 years, not 4 months.
Rachel Silva IS NOT married, she is divorced (twice I believe).
It’s sad that some only care that a criminal gets off. Unless it’s a cop and then suddenly they want blood.
Unlike the druggies and drunks I don’t automatically assume that cops are guilty.
[...] Oceanside PD Defends handling of Cop shooting [...]
[...] Oceanside PD Defends handling of Cop shooting [...]
[...] Oceanside PD Defends handling of Cop shooting [...]
[...] Oceanside PD Defends handling of Cop shooting [...]
I don’t wish to debate who is an evil or a virtuous person here nor get into an emotional exchange of name-calling over pro- and anti-(–choice of stereotypes here –).
The facts as we know them: a woman and her son in one car, a guy and his wife in the other. A differences of opinions. An expression of what’s popularly titled ‘road rage’. Now there is a car with a wrecked driver’s side and two people shot.
When was the last time you “showed” a handgun to somebody you were arguing with in the parking lot? Did you also shoot them and their young child when they hit your car?
Would you support me doing it?
I’m not a cop hater. I do ask them, with their need to carry lethal weapons, to be extremely circumspect and careful about pulling the trigger anytime it is pointed at a human being. Maybe I’d even like them to err on the side of caution, which would’ve prevented what we’re talking about here.
Kip,
How sad that you are so desperate to ‘get a cop’ that you will not even consider how idiotic is your last comment. Your whole argument is: ‘kid was shot, cop is wrong’. That is beyond moronic.
If liberals have their way
Officer White would have to respond this way: In the space of 15 seconds — approximating how long the incident took — Officer White should have called “time out”, then exited his vehicle, reconnoitered the area, removed any non-combatants, then escorted any under-age — what age level is appropriate — individuals from the vehicle, and then after all of that alerted this clearly ‘whacked out’ individual that he was about to discharge his weapon in her direction and would she like to surrender? Then after her negative response — sorry she must respond negatively before you can proceed — he would hand her a leaflet from the liberal ACLU which has required that it be handed out before discharging his weapon, then he must say — flip over your Miranda Warnings — : “as you can see from the leaflet a bullet passing through your body is harmful to your health, do you wish to surrender?”, after a negative — must be plain and understandable — here is the Surgeon General’s warning on the side of my cartridges. Would you like to surrender? Once again a negative is required. Then after that negative you must ask: Are you sure you wish to continue this violent assault on my person? Having heard a negative — remember must be clearly audible and understood — Officer White must say: “As stated by law after showing you the leaflet, asking you three times if you wish to surrender and clearly hearing your intentions to not surrender, and clearing all others to safety I am now allowed to shoot you. Do you wish to surrender now?”
That’s where we are headed if people don’t wake up from this thought-coma.
No offense Kip, but if you are going to attack cops — you are — then you should at least do it for reasons that make sense; not bleeding heart nonsense like ‘a child was shot’. Where is your anger at Rachel Silva for putting her son in this position; NOT ONCE BUT TWICE that we know of? Hmmm.
You don’t want to discuss ‘evil versus virtuous’ because you can’t make a case that way.
You want to immediately accuse the cop of being a gun toting maniac because a ‘child was shot” — more likely you just don’t like cops — without even considering what would have happened to the cop’s wife or himself if he had not protected himself and her.
Oh and self-preservation is a right, and you don’t lose it in the presence of a child.
As for ’showing my gun’; I wouldn’t have given the maniac a warning; I would have shot her. As a citizen I have that right — at least until liberals decide that the Constitution only applies to them, oh wait they did that — cops don’t seem to have that right anymore. Any wonder why we can’t get the best people to be cops?
I am so sick of candy-asses whining about this boy, looking to blame someone other that who is at fault: HIS DRUNKARD MOTHER WHO SHOULD HAVE BEEN IN PRISON.
[...] Oceanside PD Defends handling of Cop shooting [...]
[...] Oceanside PD Defends handling of Cop shooting — the usual blow-hards are complaining [...]
Might as well join in with the rest of the armchair quarterbacking going on. I have several concerns about this shooting but the most bothersome is this: From what I have read thus far, all accounts have Silva’s vehicle backing away from the officer when he fired his weapon. I fail to see how White could feel his or his wife’s life were in danger when the threat was going away from them.
Welcome Michael,
It’s easy to see why he would feel his safety was in danger; when you consider that the backing away was only 3 to 5 seconds of the entire incident. Most people run away from bullets. Seem sensible to back up. Then again, maybe she was backng up to make another run at him?
However I can see how you would wonder that.
[...] Oceanside PD Defends handling of Cop shooting — the usual blow-hards are complaining [...]