Frank White Charged with Felony
Jul 29th, 2008 by Mark
Unreal. Bonnie Dumanis must be desperate to get elected. She is pandering to the lefty loons in San Diego by charging Office Frank White. Un … F’N … Real. It took her a year to make a decision on Aaron Mansker, and suddenly she can whip out a report in a 3 months? How convenient, that it is just in time for an election.
Charges filed by Idiot DA Bonnie Dumanis
Re-Elect Me, please
Officer Frank White, who was off-duty the day of the incident, faces one count of felony 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.
This is lunacy. Dumanis can’t get Rachel Silva off the streets, won’t file charges against Mansker; so she sacrifices Officer White for her re-election bid. Unreal. She has to be the most incompetent DA on this planet.
“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.”
That is what she said about charging Cynthia Sommer.
It seems clear that Dumanis gave away the Rachel Silva case so she would not have to fade the heat over it; and now she charges White so she can get re-elected. Unreal.
Here is the PDF of the press release. File Attachment: Officer White News Release 07-29-08.pdf (47 KB)
Here is a list of Officer involved shootings reviewed by the DA. If you want to read about the pandering of DA Bonnie Dumanis, start here.
She is the first woman to hold the post of DA in San Diego County. Congrats, you have proven those right who say: “women have no place in positions of power.” Good job, dumb-ass.
The usual cop-haters at the UT decided to mouth off: Dumanis talkes police misconduct seriously — at last
UPDATE: August 3, 2008 — CNN just had a segment on the Headline News Channel and they of course took the side of Silva. They gave the requisite “Silva was in the wrong…” and then the “we expect more of a police officer…” As if these idiots have any clue what is going on. Typical anti-cop attitude of the CNN ‘talking heads.’
Previously on the Island
- Rachel Silva Charged! — took long enough
- More Rachel Silva — more over the top nonsense
- Oceanside releases report — and the usual bitching ensues
- Rachel Silva gets a new attorney — yea another one
- Rachel Silva’s son files complaint — well her attorney files for him
- Rachel Silva’s Attorney’s PR Blitz — the story that just won’t die
- OPD corrupt or clue-less — hello anyone home?
- Oceanside PD Defends handling of Cop shooting — the usual blow-hards are complaining
- Drunk Rachel Silva Demands Cops Get Psych Evals — she needs one first
- Update 4 Mom remembers nothing — only that which makes her case sound good
- Update 3: Cop Shoots mom
- Update 2: Cop shoots mom
- Update: Cop shoots mom
- Cop shoots mom
What we have learned about Rachel Silva, courtesy of the Oceanside police, assures me we are better off without her on the street or behind the wheel. Of course Officer White knew none of those things when he shot 5 times into her car hitting both her and a child in the car. And how both parties have been treated and this investigation handled has been heavily influenced by the fact the shooter is a cop. Or do any of you believe that you could shoot two people in a road rage incident, and never spend so much as a hour being held for that shooting? If you truly think the way he and this investigation were handled was not influenced by the fact he was a brother cop I have some ocean front land in Kansas I would like to sell you.
Like Sandra Woodall, a former San Jose cop who was not tested for DUI after causing an injury accident, Officer Franklin White was not given sobriety tests following the shooting. A BAC would have shown wether or not alcohol was possibly affecting his judgement. Silva certainly was subjected to these tests. And we quickly learned she was indeed drinking before the incident. As we learned every other piece of unfavorable information the police had on her. But when asked about White, well that info might effect the investigation and silence is maintained. We can not even hear the 911 tapes made during the incident by both sides.
Officer White was interviewed by Oceanside police with an attorney and his boss cop present. They attempted to question Silva without an attorney right after the incident and at the hospital. The 8 year old boy was questioned in his hospital bed, over the objections of his uncle and without an advocate. What was said or asked during this interview? We may never know, the police certainly are not saying.
What story we have been given is still changing, First White’s car was rammed, but that is not what the lack of physical damage on the cars shows. Then she sideswiped him using the car as a weapon, but that was not what the damage, or lack thereof, showed. So then she pulled up next to him so close that White’s mirror was damaged and he could not exit the car. Why you would want to is beyond me, they were both in contact with 911 by this time, and one could presume that officers were on their way. But since we all know how a stopped car, next to us, is such a danger it caused him so much fear he shot through his drivers window, through the other cars passenger window, into an occupied vehicle, hitting a child he says he could not see. Though he could see Silva and knew she was yelling at him adding to his sense of threat. He continued firing as she backed away. After viewing the damage on the cars and seeing and hearing the evidence they chose not to share with us, all mention of the use on the car as a weapon or any contact between cars has been dropped by the police and prosecutors. What part of the story will we learn next? What more is being withheld from us?
All in all I am glad Rachel Siva is off the road and I hope they prosecute her and when she gets out of jail she gets the help she needs while her child and the rest of us are protected from her. I wish I felt as good about White, who by his own account feels free to fire into a car when he does not know who or what he is shooting at, using that wonderful police catch phrase, he feared for his safety, to justify shooting two people and risking killing them.
Here we go again. Another “they are treated differently” rant.
You comments are as ignorant, as they are offensive. You clearly live in the fantasy world where people should allow themselves to be assaulted, mutilated, raped, and then killed because they can’t see into the car, and there MIGHT be a kid. NONE OF YOU WOULD GIVE A DAMN ABOUT THIS IF THE KID HAD NOT BEEN SHOT.
Let’s examine these nonsense arguments.
1. Do you think that anyone who had been involved in a traffic altercation who is hoped up on dope and booze, out on a suspended license, out on bail — thus violating her bail agreement by 1. driving, 2. drinking, 3. drugging –, and I am guessing that she is still on probation from her first conviction (of two to date) and would have violated that also: NOT BEEN ARRESTED ON THE SPOT if she had not been shot by a cop?
Guess you missed that part of the story, or you just don’t want to acknowledge it.
2. Rachel Silva is out on bond, again. Why? she is twice convicted and then involved in a third incident! Treated differently than you or I, YOU DAMN RIGHT SHE IS BEING TREATED DIFFERENTLY. She is not “off the road.”
3. “he didn’t know all this” … and? Here is what he knew: 1. she was using her car as a weapon, 2. she was crazed, 3. she was clearly a threat to him, 4. she was clearly a threat to his wife, 5. she was a threat to everyone around her. Trying to make the case that what he didn’t know matters is laughable.
Get it?
4. “he was firing as she was backing away …” Yea she was backing up to make another run. You do understand that it takes less than 2 seconds to fire 5 shots, right? You also don’t get that you don’t shoot to stop, you shoot to kill. Once you start to fire, it’ doesn’t stop until you are sure you are safe. The fantasy land that someone backing up is not a danger, is dangerous and stupid.
The story HAS NOT changed. She used her car as a weapon. Simple as that.
5. ‘he had an attorney and his boss cop’, but the BOY WAS ABUSED. Bullshit. He is a witness and does not get to have an attorney when questioned. BTW, if you are worried about what the boy will say then it’s clear you believe that Silva was at fault. Silva didn’t have a problem finding not one, not two, but three attorneys to help her. Hmmmm.
Oh and if you were involved in a shooting, you can call your attorney, as well. Just because you don’t get that, doesn’t mean he doesn’t. He’s a cop, of course his boss is going to show up, duh. That’s SOP.
I do find it odd, that you know the car was stopped. Are you Rachel Silva, JoyLeaf? Nice spin though. Put your cop-hate away, and use your head.
The only reason he is charged is because Bonnie Dumanis thinks this will better her image. It only proves she is incompetent, and should be bounced.
For the last three months I have thought that maybe you people were just cop-haters, now I am convinced you are just stupid. You are wilfully blind about most everything in this case, you don’t care what the truth is, you are upset that a child was shot; and by God you are gonna make sure that someone pays for that. OH it won’t be the person responsible, we have a chance to get a cop. This will show those bastards in power we mean business.
You comments are as ignorant, as they are offensive. You clearly live in the fantasy world where people should allow themselves to be assaulted, mutilated, raped, and then killed because they can’t see into the car, and there MIGHT be a kid. NONE OF YOU WOULD GIVE A DAMN ABOUT THIS IF THE KID HAD NOT BEEN SHOT.
My but aren’t you arrogant and presumptive. You don’t know me well enough to make any of those statements about me, and aren’t we a little over the top? The evidence gathered by the police has not suported an assault charge. Do you have access to information not available to the rest of us? Are you saying Rachel was going to rape Frank while her son did his wife, or was the son going to rape Frank and Rachel Jacquellyn? As for mutilation and death I don’t need to point out who is carring scars and who was sent to the hospital after lethal force was used.
The sky in my world is blue, I own and carry a gun on my personal time in the dessert, as does my husband and I would not hesitate to use lethal force if I needed to to protect our lives.
I care deeply when any person is harmed needlessly and yes I care more when the person who did the harm was using questionable judgment and operating under the color of the law. My father was a cop in the 50’s and 60’s. He often told me that bad cops or the appearance that there are different rules for cops does more damage to society the all the bad guys do. People expect the bad guys to be bad, it’s in the job description. But when the good guys are bad and abuse their powers it shakes our faith in the rule of law. That is something I still believe.
1. Do you think that anyone who had been involved in a traffic altercation who is hoped up on dope and booze, out on a suspended license, out on bail — thus violating her bail agreement by 1. driving, 2. drinking, 3. drugging –, and I am guessing that she is still on probation from her first conviction (of two to date) and would have violated that also: NOT BEEN ARRESTED ON THE SPOT if she had not been shot by a cop?\
Um yeah she would have been arrested and most likely back out before the kids bedtime if she had not been shot by anybody. But she was shot and yes by a cop. Did you miss that part of the story? “‘OPD officers arrived almost immediately after the shooting and began rendering first aid to Rachel and Johnny Silva. Rachel and Johnny Silva were provided with medical treatment and transported by Mercy Air.” That is from Rachel’s arrest warrant. She has indeed since been arrested. Or did you miss that part of the story?
2. Rachel Silva is out on bond, again. Why? she is twice convicted and then involved in a third incident! Treated differently than you or I, YOU DAMN RIGHT SHE IS BEING TREATED DIFFERENTLY. She is not “off the road.”
A quick glance through the police log in even a small town paper like ours has any number of people pulled over while driving on a suspended or revoked license. Some are not even arrested then, just ticketed. Go to a courthouse and you see people drive up for their hearings and then drive away again, a suspended or revoked license does not slow them down. Hey this is our wonderful justice system. A truck crashes into the front of a house after driving off the road and over two fences. He tries to back up and when he can’t drives forward doing yet more damage. When the cops arrive he falls out of the truck and can not stand on his own. The first this the cops do is check to see if anyone was injured. They run his name and plate since he has no license on him. Turns out it is revoked, he has been convicted 4 previous times of DUI. He has no insurance. He was on probation. He was arrested and taken away. He was not shot. He was back at the party before we got all the supplies we needed to shore up the front of our house. 3 years later, he has paid almost none of his fines, nothing in the court ordered restitution, been arrested twice more for DUI and has spent a grand total of 5 weeks in jail. With the help of his defense lawyer he sees himself as the victim in all this. “Off the road” is a myth right up there with the tooth fairy.
3. “he didn’t know all this” … and? Here is what he knew: 1. she was using her car as a weapon, 2. she was crazed, 3. she was clearly a threat to him, 4. she was clearly a threat to his wife, 5. she was a threat to everyone around her. Trying to make the case that what he didn’t know matters is laughable.
Get it?
Almost none of that is supported by the evidence. Get it? What is clear is that she was driving erratically and in an aggressive manner. If that was all it took to justify the use of lethal force there would be lots less cars on the road and the hospitals and graveyards would be doing booming business.
4. “he was firing as she was backing away …” Yea she was backing up to make another run. You do understand that it takes less than 2 seconds to fire 5 shots, right? You also don’t get that you don’t shoot to stop, you shoot to kill. Once you start to fire, it’ doesn’t stop until you are sure you are safe. The fantasy land that someone backing up is not a danger, is dangerous and stupid.
I am not sure where you got you degree in mind reading so that you know what she intended, she was on the phone with 911 by that time, She was drunk but had shown some smarts that make me doubt she was intending to record ramming the other car for the cops. Nor will I question your less than 2 seconds to fire 5 shots from a revolver. I will say that it takes 17 seconds for me to fire all 21 rounds in my Ruger Semi Automatic and longer by a second or two to empty the clip of my husbands 9 mil. What is being questioned, and should be, IMHO, questioned is wether he should have been using lethal force at all. If we look at precedent chances are good that a jury will choose not to second guess that descion by a cop. Not something they are as likely to do for you or I when we make a claim of self defense after a shooting.
The story HAS NOT changed. She used her car as a weapon. Simple as that.
Again I point out the evidence does not support that statement.
During the investigation, California Department of Justice agents reviewed 2,500 pages of documents, including an accident reconstruction report. The circumstances surrounding Rachel Silva’s car striking Officer Frank White’s car were insufficient for the filing of a charge of assault with a deadly weapon or any other assault charge against Rachel Silva.
5. ‘he had an attorney and his boss cop’, but the BOY WAS ABUSED. Bullshit. He is a witness and does not get to have an attorney when questioned. BTW, if you are worried about what the boy will say then it’s clear you believe that Silva was at fault. Silva didn’t have a problem finding not one, not two, but three attorneys to help her. Hmmmm.
Wow you just make it up as you go along huh? I did not say the boy was abused, I said he had no advocate in the room. The name Kee McFarland mean anything to you? How and when you question a child makes a huge difference in what they say and what they remember. No Judge in his right mind will let that testimony into a court, and now the witness has been tainted. As for “you don’t get an attorney when questioned” you are almost right. You can have a attorney present any time you want. They can even go shopping with you, if you can foot the bill. If they are not arresting you or holding you as a material witness you do not have to answer their questions. And they don’t have to provide an attorney. As soon as you are arrested or being detained against your will, you have a right to a lawyer and they must provide one at their expense if you can’t afford one. You do still have to exercise that right.
Nor do I have any problem with the fact that encounter was started by Silva and I believe she should be locked up and not darken our streets for a good long time, as unlikely as that is to happen. Something I mentioned before. She is no innocent party here. But drunk driving does not carry a death penalty, yet, and I question going against procedure and firing into a vehicle like that.
Oh and if you were involved in a shooting, you can call your attorney, as well. Just because you don’t get that, doesn’t mean he doesn’t. He’s a cop, of course his boss is going to show up, duh. That’s SOP.
It is not SOP for my boss or union rep to be present when I am questioned, nor to wait while that boss or rep drives up to the station In fact it is SOP to try to question someone without an attorney, statements like “We just want to get the story clear, or If you did nothing wrong, you do want to help us don’t you?” are common. I can cite any number of road rage and self defense shootings where there was an arrest and then the investigation. I won’t have to spell out the few times I found when it was, investigate first, then maybe arrest, if ever, do I?
I do find it odd, that you know the car was stopped. Are you Rachel Silva, JoyLeaf?
No I am not Rachel Silva but thanks for asking. Nor have I ever been arrested or in trouble with the law, before you ask. I wish I could say the same for the clients I work with. However I am capable of reading the arrest warrants for both Rachel and Frank. They are available on the web in PDF format. Let me again quote from one for you.
‘Frank White was armed with a five (5) shot Smith and Wesson .38 caliber revolver. As the Accord stopped parallel to the Milan, Frank White stated that he removed his firearm from its holster located on the front of his pants and pointed it at Rachel Silva stating, “Police, you need to stop! Police, stop!” When she did not react to the gun pointed at her, White reversed the Milan in order to exit the Milan and obtain the license plate of the Accord.
After becoming aware that White’s gun was pointed at her, Silva dialed “911″ and reported “There’s a guy who’s pointing a gun at me.”
As Frank White began to open the driver’s side door, he saw Rachel Silva reverse the Accord at an angle, and strike the Milan, their respective cars’ side view mirrors came into contact. The Accord continued in reverse and the right front side of the Accord struck the left rear side of the Milan. Frank White stated that he feared his life was in danger and he shot one (1) round through his closed front driver’s side window. It appears this round went through the left or passenger side front window of the Accord and struck Johnny Silva in the leg. As the Accord continued to reverse, Frank White shot four more rounds, each entering the front windshield of the Accord. Two of the bullets struck Rachel Silva in the right arm.
While Rachel Silva was on the telephone with OPD dispatch, several gunshots were heard as well as Silva stating, “I’ve been shot at.” When the dispatcher asked Silva who had shot at her, she replied “Some guy, a policeman.”
The Silva car was stopped and had not made contact with the Frank White car when the gun was first displayed. The first shot went through the front driver’s window and into the front passenger window. That makes it parallel to his car. So there was no immediate threat to Frank or his wife’s life when he introduced the gun into the encounter. From what I was taught by the cop doing our concealed carry class I should expect to be arrested and charged if I used my gun in a like situation. A jury would then look at it and decide if I had justification for the use of lethal force. Oh yeah the instructor also said do not even show your gun if you are not prepared to kill with it. Since I doubt that cops are taught to” just take your gun out and wave it around to add to the intimidation factor” I tend to believe that he had already decided that he was willing to kill. Despite the fact that up to that point as far as he knew the other driver could only be charged with traffic violations and aggressive driving.
Nice spin though. Put your cop-hate away, and use your head.
I don’t hate Cops. Once again your make a presumption and your bad mind reading skills show. I am the daughter of a Cop, the sister of an MP, had planed before I got sick at 15 with an incurable disease, to go Navy and join the K9 Corps. Not the background of someone who hates all cops.
I now work in social services which means I will never get rich, just like a cop or a teacher. Many of the people I work with daily include mental retardation and/or mental illness in their diagnoses. I know how hard that can be and that it is not a job for everyone. I come home many days with bruises, bites, kicks, having been spit on, puked on and had feces and urine thrown at me and I do it with out weapons or body armor aside from latex gloves. We get to use CIT, Client Intervention Techniques. I still have it easier than many cops.
Some of our clients have so much police contact that I am on a first name basis with many of the cops on our local forces. I know which ones to ask for and who to avoid if I want to keep my clients out of the hospital or the mourge. One of my co-workers is married to a local sheriff. I admired him all the more when he put in writing that one of the officers he works with is a hot head who has no business being a cop and was going to get someone killed. We need more cops like him. (The hot head is on probation but still working as a sheriff.)
The only reason he is charged is because Bonnie Dumanis thinks this will better her image. It only proves she is incompetent, and should be bounced.
I can not speak to her reason for this, I do not have the ability to read minds and hearts like you. But asking a jury to consider if a gun should have been used when there was no imideate threat and he knew there were other officers on the way and presumably how far out they where, is not something I would fault her for.
For the last three months I have thought that maybe you people were just cop-haters, now I am convinced you are just stupid. You are wilfully blind about most everything in this case, you don’t care what the truth is, you are upset that a child was shot; and by God you are gonna make sure that someone pays for that. OH it won’t be the person responsible, we have a chance to get a cop. This will show those bastards in power we mean business.
Generalities tend to be wrong and the wider the generality the greater the room for error. I am not “you people” I am one person who worries about all the “isolated incidents” I see of cops using too much force and injuring and killing innocent, and sometimes not so innocent, people. And instead of trying to learn a better way it seems the rush is to justify or cover up. Nor am I the one who is willfully blind. But as you would have it, we can not question the use of force by those in authority because as soon as we do it is a witch hunt and going to bring down civilization.
Now go ahead in insult away. I may or may not have time to drop by again. But in the mean time I have a life to lead and there are lives I am making better every day. The way the good cops I know try to do.
Joyleaf YOU are the one who lobbed the insults. You seem to know a lot about these cases? Do you work for the DA? Are you leaking info?
I suspect that I was right on in my assessment of you. Your vitriolic attack upon ME instead of what I said, is the best indicator of that. Even funnier is that you make this elaborate claim to being sane, and yet you act otherwise.
At least some are honest about why this case is proceding. Others just get pissed off and lob verbal bombs.
Sadly Joyleaf you seem to be more pissed off that I pegged you correctly than about a drunken death machine roaming our streets and putting her own kid at risk. Kid hurt, you are outraged; and I called you on it. You spend your entire “rebuttal” insulting me and being pissed off. Oh and making up rape fantasies. Sick.
You say little other than the faldaral about your daddy was a cop — as if this makes you an authority on anything — and he said they were dirty, blah blah blah. So daddy said there are dirty cops so you assume that all cops are dirty. Nice, just the type of thinking that has put us in the position we are in today; a lawless society where cops need to get on the phone with an attorney before making an arrest.
You ‘packing heat’ is somehow supposed to make you an authority on weapons use. Seems odd since you are criticizing someone with more training and experience at that than you. Oh wait, daddy was cop so you are THE expert on law enforcement. Sorry, my bad.
As for why the drunken death machine was not charged, it has nothing to do with the evidence NOT supporting the charge; AND YOU KNOW IT. Jerry Brown is a nutter who didn’t want to waste time at a trial for something he deems a waste of time. He is also a liberal who sides with criminals. He only charged her with the crimes he had to charge her with to avoid being scrutinized for failing to do his job.
Bonnie Dumanis is charging Frank White so she can tap into the ignorant outrage over the incident to get re-elected. Only a fool would think otherwise. Considering her level of incompetance to date, I find it laugable that anyone would defend her on this case. She “cun ‘n’ ran” on the Silva charges. Why you ask? Simple she did not want to be considered a bad person for charging this wanton drunken death machine. That and you can’t really have someone as your primary witness if you have them up on charges that SHOULD put them away for a long time. She would rather tap into the outrage over a child being shot, can’t do that and charge the mother. Dumanis abdicated her responsibility on Rachel Silva, and now we are to take her seriously on this? Are you insane?
Why are you so upset that White was not arrested, if as you say a convicted drunk (and felon I believe) would have been released “before the cows come home”; then he would no doubt have been released quicker if as you say the system is rigged in the cops favor.
I have to laugh when I hear the “you don’t know me well enough…” line. It is always followed by some insult or assumption and then an attack that is based upon the same “lack of information” you claim is wrong with my comments. That’s called hypocrisy.
First, how would she know he is a cop? As far as I know, no one has said he displayed his badge, or was able to identify himself to her. Second if she knew he was a cop then why did she target him? Third, since the transcripts and the 911 tapes have not been released; how do you know these things? HMMM?
That is from the noted cop-hating newspaper, San Diego Union Tribune. Why if there were shots on the cell phone call did they not say so. Wait, what does it matter? Well it could prove that she knowingly went after him while calling so as to cover up her own wrong doing. Oh and if it is as you say, then she called after he backed away — that’s called retreat and is required by California law, sadly — and then she came towards him while no doubt dialing 911. Hmmm. Wait, what am I saying, even the UT — noted cop-haters that they are — admit that Silva was backing at White — is that really a safe way to drive backing AT someone — while on the phone — is that a safe way to drive, backwards AND on the phone — which means she was no doubt swerving and weaving — remember she was DRUNK AND HIGH — which would lead anyone with a brain to assume she was attacking him.
Why did she not just drive the other way? No doubt she was looking for a second chance, she sure as hell was not fleeing.
I am laughing so hard at what you wrote, I will have to finish this later.
White’s getting what he deserves. And that is his day in court.
I don’t think he will be able to get a jury to believe that he needed to shoot into Silva’s car.
I’d like to see him do a little time.
Always! Where have you been!
If Bonnie is re-elected — heaven forbid — I don’t see this even making it to court. No doubt she will try and secure a quick victory before the election. After the election she will be looking to get rid of this ASAP. I don’t think she wants this to go past the election.
If she is not re-elected, I doubt the new DA is going to push this and will drop the case for a significantly lesser charge. Quickly.
If I am Frank White, I go to trial. No jury on this planet is going to side with Silva. Even the UT and it’s blatantly biased coverage admits that Silva was wrong, and the cause of the incident.
Well sure it was Silva’s fault.
She was drunk and stoned and driving without a license and she started the road rage incident.
But you need to get it through your head that none of that required White to empty his pistol into her car.
You can’t just shoot people because that are annoying you and if you are going to claim that your life was in danger and that’s why you fired, then you may very well be required to get a jury to agree with you.
I can’t begin to tell you how pleased I am to see White brought up on felony charges.
The jury will give him what they think he deserves.
And remember, this is but the start. He will still be in civil court attempting to show why he shouldn’t pay every red cent he ever had.
This little bit of stupidity and bullying is going to ruin his life. He will never be a policeman again.
I wonder if he can say, “would you like fries with that?”
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