Articles labeled: franklin white

An 8 year old boy has retained council, and is filing a civil complaint against an off-duty police officer, who he says shot him during a traffic incident.

The complaint was filed in federal court against Officer Franklin White, San Diego’s police chief, the Police Department and the city. It claims White illegally shot Johnny Silva while acting under color of department policies that failed “to prevent the consistent and systematic use of excessive force by off-duty officers.”

The complaint also claims infliction of emotional and physical distress on the boy, who underwent surgery to remove a bullet from his leg after the March 15 shooting.

“We don’t know yet whether he was hit in his growth plate,” said lawyer Eugene Iredale, who said he expects to claim more than $150,000 in damages.

Silva’s mother, Rachel, was shot twice in the arm. According to the complaint, White pointed his gun at Johnny Silva and then shot at their car during an argument after a near-accident on a busy street, as Rachel Silva reversed to get away.