Boy Testifies Against Cop Accused of Shooting Him

Officer ordered to stand trial

The 8-year-old boy who was shot, along with his mom, in an alleged road-rage shooting by an off-duty cop gives tearful testimony during a preliminary hearing.

Officer Frank White faces felony charges for shooting Rachel Silva and her 8-year-old son on March 15 in Oceanside.

The 911 calls from that night were played in court Wednesday.  Holding back tears, San Diego police Officer Frank White, listened to the 911 call his wife made after he opened fire.

"Did he hit anybody?"

"I don't know if he hit her," White's wife said.

Then, the courtroom listened to the 911 call made by Rachel Silva.

"Who is it that shot you, do you know this person?"

"No. Supposedly a cop shot me. My son is shot, please help me…" Silva said.

Oceanside police have described the incident as road rage.  White fired five rounds into Silva's car at a Lowe's parking lot. Silva was shot twice in the arm and her son, who was in the passenger seat, was shot in the leg.

Silva's son also took the stand  -- with his father sitting right next to him.

"What did you do after the bullet hit you," the prosecution asked.

"I started crying, screaming," the boy said.

But the defense argued White opened fire because he feared for his life and that of his wife.  Silva was driving under the influence that night, and according to Oceanside police investigators, she first cut in front of White's car, then a few seconds later, started tailgaiting him. 

White's attorney said once in the Lowe's parking lot, Silva allegedly drove right next to White's car, to the point where he couldn't open his door.  That's when he drew his gun.

"What did you say," the boy was asked.

"I said, 'Momma, he has a gun."

The judge ordered White to stand trial on a felony charge of gross negligent discharge of a firearm.  If convicted, Officer White could face up to nine years in prison. 

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