City agrees to pay mom and son $500K in road rage shooting - CBS News 8 - San Diego, CA News Station - KFMB Channel 8

City agrees to pay mom and son $500K in road rage shooting

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SAN DIEGO (CBS 8) - San Diego will pay $500,000 to settle a federal civil rights lawsuit following the 2008 shooting of a child by an off-duty police officer.

It was sparked by road rage when the boy's mother hit the officer's personal car on Old Grove Road just south of Highway 76 in Oceanside.

Johnny Silva was only eight years old when this all happened. He is now 12. The boy was in the front seat of his mom's car when he was shot in the leg by Officer Frank White three years ago.

According to court documents, the victim will receive the settlement money in lump sums on certain birthdays after he turns 18.

Luis Silva, the boy's father, sued the City of San Diego on behalf of his son. The city settled for $500,000 in May. The money won't be paid directly to the child, rather it is said to be invested.

The shooting occurred March 15, 2008, when Johnny's mother Rachel Silva, who was driving drunk, began chasing and harassing another driver in a road rage incident in Oceanside. The other driver turned out to be White, who was off duty at the time.

Officer White fired five shots into the woman's car. Those shots struck the child once and the mother twice. Both survived their injuries.

Officer White was charged with brandishing and negligently firing his gun, but was acquitted in June 2009. He has since returned to work.

The boy's mother, meanwhile, pleaded not guilty to felony child endangerment and was sentenced to five years probation.

Meanwhile, Officer White's family released a statement to the North County Times saying:

"Frank was cleared of any wrongdoing and was found within policy. The suspect was convicted of a felony. This settlement does not reflect any justice under the law, as civil settlements often don't. Frank did not have a hand in this decision-making process; this was between the city and the plaintiff."

In total, the child is guaranteed to be paid more than $540,000 by the time he reaches his early 40s. The city attorney has signed off on it, but the city council has yet to approve it. They are set to vote on the settlement on Tuesday.

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