Silva files first-ever account of cop shooting - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

Silva files first-ever account of cop shooting

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SAN DIEGO, Calif. (CBS 8) - She's accused of threatening an off-duty police officer during a road rage incident that led to both her and her young son getting shot.

For the first time since the 2008 confrontation, Rachel Silva has publicly given a sworn version of her side of the story.

In the document filed this week, Rachel Silva admits she "yelled" at off-duty officer Frank White and his wife, but "did not hit them or threaten them."

White's wife testified last year that she and her husband feared for their lives during a road rage incident back in March 2008. Both sides agree it all started with a near collision. The Whites say Silva escalated the incident by driving aggressively while yelling at them, but in the document Silva blames Jacquellyn White because "she made a gesture with her middle finger".

Silva also says she "attempted to get away from Frank White, but the car was in reverse gear." As a result her car scraped against White's, who opened fire, hitting Silva twice in the arm and her then-8-year old son, who was in the front passenger seat, in the knee.

A jury acquitted White, but Silva pleaded guilty to felony child endangerment and misdemeanor drunken driving.

"She's been clean and sober now since this event and she's really turned her life around," Silva's attorney Michael Pancer said.

Pancer says his client has been successfully serving her probation, and gave a declaration in support of her son's civil suit against officer White and the San Diego Police Department.

"Certainly no one can contend that he in any way deserved what happened to him, that he should have been shot, and it was clearly at best an act of negligence," Pancer said.

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