• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

CA cop acquitted

KS_to_CA

Regular Member
Joined
Sep 27, 2008
Messages
443
Location
National City, CA, ,
imported post

Not the whole story, just some quotes. BUt here it is for those interested:

http://www3.signonsandiego.com/stories/2009/jun/27/lawyers-jurors-tend-back-cops/?metro&zIndex=123527

Juries don't want to convict these guys,” Collins said. “And they tell you that in a hurry. Cops are seen as heroes by a lot of people.”

White shot and wounded Rachel Silva and her son, Johnny, 8. She had angrily pursued him into a parking lot after he had honked at her after she cut him off.

William Braniff, a former U.S. attorney and defense attorney who is now retired as a lawyer, represented Chaney. Much like White's lawyer Rick Pinckard did, Braniff focused jurors on the quick decision Chaney had to make in a life-threatening situation.

“He's being judged on a split-second decision,” he said. Neither officers provoked the conflict, Braniff said.

“In both these cases, though . . . they were put in a situation where they were otherwise without fault,“ he said. “The escalation was not because of anything they did.”

“The nut of our case is even though Rachel Silva may have been behaving in an impolite or belligerent way,“ he said, “emptying a gun into a car as it is moving away and shooting an unarmed woman and 8-year-old boy is entirely unreasonable.”

HERE'S THE QUESTION:

Had the shooter been a civilian and acting on seld-defense, would jurors agree that he/she was making split-second decision?
 

PT111

Regular Member
Joined
Jul 31, 2007
Messages
2,243
Location
, South Carolina, USA
imported post

Lots of details missing in this report but I thought this reader comment from the article page was interesting. Seems there is a lot more to this story than just a jury being on the side of the cop.
"Lawyers: Jurors tend to back cops"
----
It really hadn't struck me until now how insulting this headline is, both to jurors & White.

6 days later & a story to stir up controversy, with 400+ bites. Funny the story about 3 other victims of Silva's road rage, 1 whose testimony was given, described an aggressive, violent Silva physically assaulting her, generated only 30 comments.

Media sensationalism at best. White was the "Off Duty Cop in Road Rage Incident" & Silva was the "Oceanside Mom Shot by Off-Duty Cop" or "Shooting Victim". A local TV news station called this the "Shot Mom Trial".

Other media sources OUTSIDE San Diego called this a "Traffic Shooting" or "Off-Duty Shooting", in which White was acquitted of "Firearms Charges" or "Weapons Charges".

I don't recall "Unfit Mother Repeatedly Drove Drunk With Kids" or "Silva Pleads Guilty to 2nd Felony Child Endangerment" or "3 Victims of Silva Road Rage Come Forward" or "Silva High on Meth in Road Rage".

In a matter of semantics, her sins were downplayed & White was a road rager. The media aside, why didn't White's superiors back him up & say the behavior was uncharacteristic to that displayed on the job (witness testimony).

I imagine the DA gets a looky at his personnel record, & by this time OPD had calls from 3 other Silva victims. The DA's charges & AG's leniency to Silva insinuated there was compelling evidence against White. Now, this story questions the jury's ethics. The media continues to cast Silva as the victim. Her son is a victim of a deranged, drugged out, alcoholic unfit mother. "Mom" she is not, with 2 Felony Child Endangerments, no financial support, she's lucky if she gets supervised visitation.

It will be interesting to see her sentence. Expect public outrage if it's probation. What's the hold up anyway? She was supposed to be sentenced in March. Is the delay due to the civil trial? If so, sounds like some attorney politicking to me.
 

suntzu

Regular Member
Joined
Jun 22, 2008
Messages
1,230
Location
The south land
imported post

KS_to_CA wrote:
Not the whole story, just some quotes. BUt here it is for those interested:

http://www3.signonsandiego.com/stories/2009/jun/27/lawyers-jurors-tend-back-cops/?metro&zIndex=123527

Juries don't want to convict these guys,” Collins said. “And they tell you that in a hurry. Cops are seen as heroes by a lot of people.”

White shot and wounded Rachel Silva and her son, Johnny, 8. She had angrily pursued him into a parking lot after he had honked at her after she cut him off.

William Braniff, a former U.S. attorney and defense attorney who is now retired as a lawyer, represented Chaney. Much like White's lawyer Rick Pinckard did, Braniff focused jurors on the quick decision Chaney had to make in a life-threatening situation.

“He's being judged on a split-second decision,” he said. Neither officers provoked the conflict, Braniff said.

“In both these cases, though . . . they were put in a situation where they were otherwise without fault,“ he said. “The escalation was not because of anything they did.”

“The nut of our case is even though Rachel Silva may have been behaving in an impolite or belligerent way,“ he said, “emptying a gun into a car as it is moving away and shooting an unarmed woman and 8-year-old boy is entirely unreasonable.”

HERE'S THE QUESTION:

Had the shooter been a civilian and acting on seld-defense, would jurors agree that he/she was making split-second decision?
The answer to your question is a definitive NO--if that had been a "civilian" that civilian would have been convicted, imprisoned, been stripped of their rights and sent up the river for many many years....BUT because it was a LEO instead of a civilian--the LEO is automatically entitled to special privileges...
 

CA_Libertarian

State Researcher
Joined
Jul 18, 2007
Messages
2,585
Location
Stanislaus County, California, USA
imported post

THIS, my friends, is the most dangerous societal trend we face today. It's not gangs, drugs, or teen pregnancy... it's the way our society puts certain groups up on a pedestal. When people entrusted with such power get away with abusing it, tyranny prevails.

This just makes me sick.
 
Top