Police: Shot Mom Was Intoxicated

POSTED: 11:18 am PDT April 14, 2008

UPDATED: 6:44 pm PDT April 14, 2008

OCEANSIDE, Calif. -- Police and paramedics said they smelled alcohol on the breath of a woman who, along with her young son, was shot by an off-duty officer, according to court documents.

WARNING: DISTURBING IMAGES |

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Oceanside Search Warrant Affidavit

San Diego police officer Frank White shot five times at Rachel Silva and her son at about 9 p.m. in the parking lot of a Lowe's home-improvement store. Both were struck by gunfire. Police believe the incident began when Silva's car cut off White's.

The court papers were made public after a judge ordered the release of eight search warrants requested by investigators after the shooting on March 15. Many of the search warrants contain a statement by Officer Douglas Baxter, a 19-year veteran who investigated the shooting, explaining why investigators needed access to certain items.

One of search warrants requested blood samples to be drawn from Rachel Silva while she was being treated at Sharp Memorial Hospital shortly after the shooting.

"While being treated by paramedics at the scene, officers and paramedics smelled the odor of an alcoholic beverage on the breath of Rachel Silva," Baxter's statement reads. "While processing the crime scene, a marijuana pipe with residue was recovered from the pocket of the hooded sweatshirt Rachel Silva had been wearing when she was shot."

A different affidavit attached to a search warrant requested on April 8 shows the results of the blood tests. According to those documents, Silva's blood alcohol level was .15, nearly twice the legal limit for a driver. The tests also showed the presence of marijuana in her blood, the affidavit stated.

In other legal moves Monday, the judge granted permission to the Silvas' lawyers to photograph Silva's car. Silva's lawyer, Eugene Iredale, said the development is significant because it will show the angle from which the bullets were fired.

The judge in the case, however, declined to order the release of 911 tapes, telling the court he did not have jurisdiction over the recordings. Both Rachel Silva and Frank White's wife called emergency operators during the incident. Lawyers for the media and the Silvas said they would pursue other avenues to get the police to release the tapes.

Iredale said he believed the tapes could be the most important piece and could reveal crucial details about what occurred that evening in Vista.

White has told investigators that he feared for his safety during the incident. The Silvas have filed claims with the city of San Diego in the wake of the shooting, arguing that White threatened Silva with a gun and that they were shot trying to get away from him.

No criminal charges have been filed in connection with the incident.

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