SAN DIEGO -- A second claim has now been filed against the City of San Diego in a shooting involving an off-duty San Diego police officer and a mother and her son during a possible road rage incident.

The Oceanside Police Department has, so far, been tightlipped about releasing information regarding the investigation. The OPD has been unwilling to release the 911 tapes from the night of the incident, claiming they could jeopardize the investigation.

Meanwhile, the latest claim provides startling new information about the shooting, starting with the assertion that officer White allegedly cut off the victim's car in traffic.

"The first shot came through the passenger window," San Diego attorney Gene Iredale said, describing the bullet that struck his young client, Johnny Silva, in the leg. "For an 8-year-old boy, to watch… to watch his mother shot… is difficult."

The officer-involved shooting took place in a shopping center parking lot in Oceanside on March 15th.

Johnny's mother, Rachel Silva, was also hit. She was shot twice in her right arm.

Prior to the shots fired, Iredale says officer White cut off Silva's car in traffic. The two exchanged "angry" words in the parking lot. Then, according to Iredale:

"… White pointed his gun directly at Johnny Silva… seated in the front passenger seat… The boy was clearly visible… Johnny tried to crouch down, lowering his torso in the seat. His left leg was raised up as a result… he perceived that the gun was pointed right at him."

Iredale says officer White fired the first shot while he was still seated in his car.

"… White deliberately shot through the passenger window… striking Johnny in his left leg at the level of the knee."

The San Diego attorney wants to get answers for his young client and his mother. The claim is a precursor to a lawsuit.

To date, Silva has not talked to the Oceanside Police Department. Iredale says there's a good reason. "I can't trust in the fairness and objectivity in which she would be treated."