10News.com

Sustain San Diego
Holiday Gift Guide Button
Sustain San Diego
10 News Leadership Award
San Diego News
E-Mail News Alerts
Get breaking news and daily headlines.
Browse all e-mail newsletters
Related To Story
Off-Duty Cop Shooting


Jury Selected In Off-Duty Cop Shooting Trial

Opening Statements To Be Made Wednesday Morning

POSTED: 6:32 am PDT June 2, 2009
UPDATED: 5:02 pm PDT June 2, 2009

A jury was seated Tuesday to hear the trial of a San Diego police officer charged with shooting a woman and her 8-year-old son after a road-rage incident while he was off-duty in Oceanside.

Frank White, 29, is charged with a felony count of gross negligent discharge of a firearm and a misdemeanor count of exhibiting a gun.

The officer, who has been on administrative leave without pay since the March 15, 2008, incident, faces up to nine years in prison if convicted on the weapons charges.

Opening statements are scheduled Wednesday morning in the courtroom of Judge Harry Elias.

White is accused of shooting Rachel Silva and her son, Johnny, in the parking lot of a Lowe's home improvement store.

According to preliminary hearing testimony last November, Silva's car almost hit White's car as she pulled out of a shopping center near state Route 76.

White -- who was driving with his wife -- followed Silva's car into the next driveway, according to court testimony.

Once in the parking lot, Silva backed up her silver Honda and sideswiped White's vehicle, whereupon he fired five rounds into her vehicle. Silva was hit twice in the right arm and her son was struck in the left leg.

Subsequent tests showed Silva had a blood-alcohol level of .15 percent and had used methamphetamine and marijuana.

Prosecutors said White was in no immediate danger of serious injury and didn't have the right to fire his weapon at Silva's car. But defense attorney Rick Pinckard said Silva was armed with a 2,500-pound vehicle and that White fired in self-defense in an incident she had instigated.

Silva pleaded guilty last year to felony child endangerment and misdemeanor driving under the influence. Her sentencing has been delayed so authorities can see how well she responds to substance abuse treatment at a residential rehabilitation clinic.

During a pretrial hearing Monday, Silva invoked her Fifth Amendment right against self-incrimination when asked if she had used drugs or alcohol the night of the incident, making it unlikely she will testify during the officer's trial.
The following are comments from our users. Opinions expressed are neither created nor endorsed by 10News.com. By posting your comments you agree to accept our Terms of Use. To report an offensive or otherwise inappropriate comment, click the "Flag" link that appears beneath that comment. Flagging a comment will send it to our editorial staff for review.

Links We Like
Sponsored Content
Don’t believe everything people tell you about home improvement. Check out the top 4 myths and stop throwing away your money. More

If you have aspirations of becoming a millionaire, check out these five habits that may be worth emulating. More

Eating breakfast is good for you, but eating a healthy breakfast is even better. Get the scoop on which breakfast foods are the most nutritious. More

You’ve heard of certain foods that can help you prevent cancer and even halt the spread of the disease. Find out if these anti-cancer foods really work. More

Sponsored Links

Job Searching Tips

During the typical job interview, you'll be asked a lot of questions. But do you really understand what the interviewer needs to know? More