Chad Perrin: SOB

10 June 2008

woman charged with felony child endangerment, apparently because off-duty cop shot child

Filed under: Liberty — apotheon @ 03:43

The questionable shootings by police officers just keep rolling in.

Rachel Silva, driving with her eight year old son in the car, rolled out of a Shell station without stopping. Off-duty officer Frank White reportedly had to swerve into another lane to avoid hitting Silva’s car. Silva then apparently tailgated White’s car into a parking lot, at which point he asked his wife to dial 911.

Silva pulled her car in front of White’s, blocking it. She then maneuvered her car so that it was beside White’s, close enough so he couldn’t open his door, and he pointed a revolver at her, shouting “Police! You need to stop!”. White then backed away from Silva’s car, and she called 911 herself, telling the dispatcher “There’s a guy who’s pointing a gun at me.”

White started to open his door to get out of his car, and Silva drove in reverse, striking White’s rear-view mirror and the left rear side of his car. Considering the circumstances, and the fact she had no reason to believe a man pointing a gun at her out of uniform was actually a police officer, it seems likely to me that she was trying to keep him from getting out of his car because she feared for her life. That’s just a guess based on the circumstances, though — I have no way of knowing for sure.

Here’s where it gets really fun.

White fired into her car as it passed him, breaking the windows in both his door and the passenger side door of Silva’s car with the first shot, and hitting her son. He then fired four more times through the windshield of her car, hitting her twice.

Now, she’s being charged with felony child endangerment, misdemeanor DUI, and misdemeanor marijuana possession.

I guess I can see child endangerment, considering the tailgating, pulling into traffic without stopping, and DUI. The child endangerment charge was apparently predicated upon backing into the side of White’s car, though — which one might consider a (poorly thought out) attempt to protect herself and the child. I guess she’s to blame for the fact an off-duty cop shot her child, because that’s the only way I can see giving her child endangerment for the stated reasons they charged her.

Judging by what I’ve read, seen, and heard (I initially became aware of this incident because I saw mention of it on a television news program), the off-duty cop should definitely be charged with something. He pointed a gun when he didn’t need to, he fired when he didn’t need to, and an eight year old boy took a bullet in the leg because of it.

Apparently, the DA’s office couldn’t even justify charging her with assault — the only way I could see justifying letting the police officer get away with shooting a kid, because it would indicate he had a justifiable fear for his safety. So, legally, there’s no justification for his shooting, but it’s the woman’s fault he fired anyway. That’s just great.

Silva did a lot of things wrong, but this is ridiculous. That officer needs to face some charges too.

Links:

Woman shot by cop charged with felony

Woman shot by cop charged with child endangerment

3 Comments

  1. Wow, I don’t know about this one. If someone pulled out right in front of me, nearly causing me to hit them, then tailgated me into a parking lot, then drove their car at mine while I was getting out . . . I’d feel threatened too.

    If White wasn’t a cop, would that change your assessment? His response may not have been proportional to the threat. But I can still see a case for self-defense. You don’t know the intentions of the other driver, and she appeared to be drunk and acting recklessly.

    The felony endangerment charge is highly questionable, though. (As is the pot possession charge, but for different reasons.) It seems he just started firing without regard for who was in the vehicle, which is pretty reckless in itself.

    Comment by Brian Martinez — 11 June 2008 @ 02:23

  2. If White wasn’t a cop, would that change your assessment?

    Not much. Something I didn’t mention is how the fact he’s a cop makes me wonder whether he remembered to check his background. Of course, that’d basically just be a rhetorical question, for the most part — since it’s pretty obvious he didn’t. He didn’t even check his foreground.

    The fact of the matter is that he pulled a gun on her before she did anything other than act like an idiot and, judging by what I’ve read and heard, try to talk to him. She didn’t exactly act safely, but she sure as hell didn’t do anything to warrant having a gun pulled on her by the time he was waving his revolver around (again, judging by what I’ve read and heard).

    she appeared to be drunk and acting recklessly.

    Recklessly, yes. Drunk? I don’t know how the officer would have known that.

    . . . and even if he did, that’s more reason to avoid pointing a gun at her under the circumstances.

    It seems he just started firing without regard for who was in the vehicle, which is pretty reckless in itself.

    . . . which is really my point about White. This statement of yours leads me to wonder why you asked me if I’d view the matter differently if he wasn’t a police officer.

    They both acted recklessly, and they should both answer for it. Silva, though, is being charged for the wrong things, for the most part.

    Comment by apotheon — 11 June 2008 @ 03:17

  3. A private standing army prays upon the (Marching) Morons who worship their own predators, mostly vicariously, e.g. their “choice” of “entertainment.” (cops and lawyers and judges, oh MY!) A process I’ve long called “pissing on your corpse.”

    Andy Griffith never would have done this to you.

    The Golden Shower is no longer painless.

    I have two words for ya:

    1) Ralph

    2) Boryszewski

    ’till then the clambake is over. Sorry we* let it slip.

    (*class of 1977)

    Comment by cat — 11 June 2008 @ 08:31

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All original content Copyright Chad Perrin: Distributed under the terms of the Open Works License