Claim Alleges Officer Deliberately Aimed Gun At Boy

Suit Filed By Boy's Father On Son's Behalf

POSTED: 5:19 pm PDT April 1, 2008

UPDATED: 7:14 pm PDT April 1, 2008

OCEANSIDE, Calif. -- A new claim filed against the city of San Diego in connection to the shooting of a mother and son by an off-duty officer contains explosive allegations.

WARNING: DISTURBING IMAGES |

Watch Video
Video: Mom Interview, Part I | Part II\

The claim was filed on behalf of 8-year-old boy "by and through" his father, Luis Silva, on Tuesday. The claim does not ask for a specified amount of damages, stating the boy's family does not know the cost of his ongoing medical expenses.

The shooting took place in a Lowe's home-improvement parking lot at about 9 p.m. on March 15 in Oceanside.

According to both investigators and attorney Eugene Iredale, who filed the claim on Tuesday and who also represents the boy's mother, Rachel Silva, in a claim she filed against the city last month, San Diego police officer Frank White fired five shots at Silva's car.

Although police and Iredale have said in the past that the incident began as some sort of traffic dispute, the claim filed Tuesday is the first time any of the involved parties has said how they believe the incident started.

"Frank White cut off [Rachel Silva] in traffic," the claim states. "His mother drove into the shopping center parking lot, and Ms. Silva and White exchanged angry words."

The claim states White then took out his gun.

"Then White pointed his gun directly at [Silva's son], who was seated in the front passenger seat," the claim continues. "The boy was clearly visible. [He] tried to crouch down, lowering his torso in his seat. His left leg was raised up as a result. White deliberately shot through the passenger window, striking [the boy] in his left leg at the level of the knee. It was only through luck and his quick reaction that [he] was not killed by White."

Rachel Silva was shot in the arm twice during the incident, according to all parties.

The claim also alleges that Oceanside police have refused "access to counsel for [the Silvas] to the car in which they had been shot, so photographs could be taken."

NBC 7/39 contacted the San Diego and Oceanside police departments for their reactions to the claim's filing.

"We expected it, and the city attorney is prepared for it," San Diego police spokesman Monica Munoz told NBC 7/39.

Oceanside police officials said they were not going to comment at this point.

A call to San Diego Mayor Jerry Sanders' office was not immediately returned. The City Attorney's office said they will not comment until they have had a chance to review the claim.

White has been on paid administrative leave since the incident.

No arrests have been made about in connection with the case.

Previous Stories: