Woman Convicted of DUI and Child Endangerment Countersues Against Cop Who Shot Her
On June 18, 2009, the defense team for 29 year-old Frank White gave its closing arguments in a trial that has gripped much of Southern California. The matter concerns a complicated series of events that took place on March 15th, 2008 which ended with one woman, Rachel Silva, arrested for child endangerment and DUI, and one off-duty police officer, the aforementioned Frank White, arrested for gross felony negligence in the discharge of a firearm.
Order of Events
According to reports, Frank White had been driving with his wife near Old Grove Shopping Center along Route 76, when he was suddenly tailgated by Silva, who was allegedly driving erratically and aggressively. Afraid that the tailgater might be a person whom he had previously arrested, White panicked and ducked into a parking lot. Silva followed him and continued to tailgate and make aggressive actions. At around 9 p.m., Silva pulled even with White’s car, pinning him in his vehicle. Silva then nudged White’s car with hers, prompting him to panic, pull out his police-issued firearm, and point it at Silva’s car. Silva’s eight year-old child (who was in the passenger seat) alerted his mother, who began to dial 911. But before she could place the call, White’s gun went off, causing injuries to Silva’s arm and her young boy’s left knee.
Two hours after the incident, police tested Silva’s BAC and found it to be at 0.15% -- nearly twice California’s legal limit.
Consequences for Both Parties
In 2008, Silva pled guilty to charges of felony child endangerment and a DUI misdemeanor. She is set to be sentenced in July 2009.
Whether the police officer’s defense holds up hinges on whether the jury buys White’s assertion that he had been defending himself appropriately given the circumstances.
While most San Diego DUI cases don’t involve these kinds of suit-countersuit complications, they can nevertheless evolve into drawn-out court battles. To make your best defense, look to the Law Offices of Stephen Brodsky. Find out more about attorney Brodsky’s excellent track record and commitment to client care here at www.CriminalAttorneySanDiego.com.
