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Off-Duty Cop Shooting


Expert Details Alcohol Level Of Woman Shot By Officer

POSTED: 5:34 pm PDT June 11, 2009
UPDATED: 9:28 pm PDT June 11, 2009

A toxicologist testified Thursday that Rachel Silva had the equivalent of 17 drinks worth of alcohol in her system the day she came face-to-face with San Diego police officer Frank White.

White, 29, is charged with felony gross negligent discharge of a firearm and a misdemeanor count of displaying a firearm in an angry or threatening manner in connection with the March 15, 2008, run-in with Oceanside resident Silva.

Silva's blood was drawn the night of the shooting in an Oceanside parking lot, and her alcohol level was .19 – more than double the legal limit, police said.

Forensic investigator James Stam, who specializes in blood-alcohol forensics, said, "So it would be 17 1/2 drinks to be consumed before noon for the blood alcohol level to be that high 10 hours later."

Stam's conclusion was an estimate, but he said she was well under the influence.

Silva pleaded guilty to felony endangerment of a child for driving with her son in the car while she was under the influence.

Defense attorney Richard Pinkard focused blame for the incident on Silva, citing the alcohol in her system and the marijuana and methamphetamine that was detected.

Det. Matt Bussey of the Oceanside Police Department was the lead detective on the night of the shooting, and he discussed his attempt to interview Silva the next day at the hospital.

When asked what Silva's demeanor was like, Bussey said, "Rude. She told me to leave. She told me to get the (expletive) out of her room."

Meanwhile, a training officer, Sgt. Dan Vega of the San Diego Police Department, was asked by prosecutor Jeff Dusek how White should have shown his badge.

"On or off duty? Right now? Here, I have a badge," said Vega, as he displayed his badge to the court.

Dusek also questioned Det. Douglas Baxter of the Oceanside Police Department regarding possible preferential treatment given to White.

"I've never known of an officer handcuffed and thrown into the back of a squad car," said Dusek.

The trial will continue on Monday, and the jury may hear closing arguments and begin deliberations on Tuesday.
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