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
VISTA, Calif. -- 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.
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