SAN DIEGO (CNS) - The City Council Tuesday is scheduled to consider approving a $500,000 legal settlement with the father of a boy shot by a San Diego police officer during a road rage incident in Oceanside.

Johnny Silva was 8 years old on March 15, 2008, when he was shot in the knee by off-duty SDPD Officer Frank White.

The boy was a passenger in a car driven by his mother, Rachel Leann Silva, who pulled out of a gas station in front of a vehicle occupied by White and his wife. The officer swerved to avoid her car, and she tailgated him, revved her car's engine, screeched the tires and accelerated and braked at the last moment in the parking lot.

Police said she then pulled up alongside the couple's car while shouting and sideswiped their vehicle, prompting the officer to fire his gun five times. Authorities said her blood-alcohol level was 0.15 percent, nearly double the legal limit.

Rachel Silva, who was eventually sentenced to probation and drug treatment for her role in the incident, was struck by two bullets in the arm.

The settlement to be considered by the City Council is for a federal personal injury lawsuit filed against the city by the boy's father, Luis Silva.

White was prosecuted for negligently discharging a firearm, but acquitted. He is still with the SDPD.