Monday, October 6, 2008

Woman shot by officer has probation extended

A woman who was shot along with her 8-year-old son by an off-duty San Diego police officer in Oceanside received a suspended sentence yesterday and had her probation extended in a DUI case in Riverside County.

Rachel Silva admitted that she violated probation with her involvement in the March 15 incident in Oceanside, a Riverside County prosecutor said.

Silva, 28, had been given three years' probation for felony child endangerment and misdemeanor drunken driving after an arrest in Temecula in April 2007.

Oceanside police have said Silva had a blood-alcohol level of 0.15 when she was shot by San Diego police Officer Frank White. Investigators say Silva aggressively tailed White, 28, and his wife into a Lowe's parking lot in Oceanside, and he fired five shots into her car after a confrontation.

Silva, who is scheduled to appear in San Diego court Monday, has pleaded not guilty in that case to felony child endangerment and five misdemeanors, including drunken driving. White has been charged with felony grossly negligent discharge of a firearm and misdemeanor exhibiting a firearm.

In Temecula yesterday, Silva's probation was extended until 2011, prosecutor Chris Peuvrelle said. She also received a suspended prison sentence of four years, which she won't have to serve unless she violates her probation.

“It's a fair resolution there,” said Silva's attorney, Michael Pancer. “I'm glad that she's being permitted to get her rehab done so that she can get her life back together.”

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