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Oceanside police deny favoritism

Department's probe into the shooting of a woman and child by an off-duty San Diego officer is criticized.

March 28, 2008|Tony Perry, Times Staff Writer

OCEANSIDE, CALIF. — The Oceanside Police Department on Thursday defended its investigation into an incident in which an off-duty San Diego police officer shot a woman and her 8-year-old son after a traffic altercation.

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.


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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.

A supervisor from the San Diego Police Department, a lawyer provided by the Police Officers Assn. and a "peer support" representative from the department were with White during the questioning.

White has been put on paid administrative leave.

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.

After she was treated at a hospital for her wounds, police required her to take a blood test. The results have not been released.

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.

On the night of March 15, both White and Silva called 911 for help.

Aguigui would not describe the traffic incident or say whether White believed that his life was in danger.

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.

But Aguigui declined to describe the relative location of the two cars when the shooting occurred.

He said he could not estimate when the case would be taken to the district attorney for a decision on what, if any, charges would be filed.

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