Rachel Silva Charged With Drug Offense, DUI, Felony Child Endangerment

Monday, June 9, 2008
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

SAN DIEGO--The California Attorney General today charged Rachel Silva, 27, with felony child endangerment and five misdemeanors including driving under the influence of alcohol, driving with a suspended license and driving while in possession of marijuana.

In a declaration in support of Silva’s arrest warrant, Special Agent Stephen Duncan said, “I believe that Rachel Silva’s driving and actions on March 15, 2008, willfully put her son, Johnny Silva, under circumstances likely to produce great bodily injury or death…”

The state’s charges follow an investigation into Rachel Silva’s driving and the automobile collision with off-duty police officer Frank White that she caused at approximately 9:15 p.m. on March 15, 2008 in Oceanside, California. During that incident, Silva was driving in an erratic and aggressive manner with her eight-year old son in the car, while under the influence of alcohol, with a suspended driver’s license, and in possession of marijuana.

After nearly causing a collision with another car, Silva pursued off-duty police officer Frank White in his car and struck his vehicle with her vehicle. During the incident, Officer White fired five rounds into Silva’s vehicle, striking her twice in the arm and her son twice in the leg.

The incident was thoroughly investigated by the Oceanside Police Department. After an extensive briefing about the incident by the Oceanside Police Department, the California Attorney General’s Office and the San Diego County District Attorney’s Office agreed that it was appropriate for the Attorney General’s Office to analyze and make any criminal filing decision as to Rachel Silva and for the San Diego District Attorney’s Office to retain the investigation of Officer Frank White.

During the investigation, California Department of Justice agents reviewed 2,500 pages of documents, including an accident reconstruction report. The circumstances surrounding Rachel Silva’s car striking Officer Frank White’s car were insufficient for the filing of a charge of assault with a deadly weapon or any other assault charge against Rachel Silva.

The state’s complaint was filed today and an arrest warrant was obtained. Silva has agreed to formally surrender at her arraignment at 1:30 p.m. on July 9, 2008, in Department 12 of the Superior Court in downtown San Diego.

The state’s criminal complaint and declaration in support of the arrest warrant are attached.

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PDF icon Criminal Complaint28.03 KB