UNION-TRIBUNE
July 6, 2008
Twenty-two months.
That's how long it took to wrap up the Sept. 3, 2006, shooting of Steve Foley.
If past is prologue, the March shooting in Oceanside of Rachel Silva by an off-duty San Diego police officer will take as long to resolve.
But don't expect the dollar figure to be as imposing for Rachel Silva and her son, who by that time will be 10 years old.
The Silvas may have as strong a police negligence case as Foley, but in attorney-speak, their “hard damages” aren't nearly so great.
In the words of an alternate juror in the Foley civil trial, “I believe the officer was way out of line. I believe Mr. Foley should be compensated for what he went through. It pretty much ended his career, and he's a great football player.”
Foley's 11th-hour settlement, which I'm guessing netted him something in the $10 million range, was largely framed by the multimillion income the former Chargers linebacker lost as a result of Coronado police Officer Aaron Mansker's jumpy trigger finger.
The Silvas, however, don't enjoy that prospect of riches.
Compared to Foley, they're poor cousins who must bank on their pain and suffering, not lost wealth, to make Officer Frank White – and the city of San Diego – pay.
Time – sadly, lots of it – will tell that tale.
Justice delayed is justice denied, the old saw goes.
Yes, but justice delayed can help the defense, as many lawyers will tell you.
Wounds heal. Memory of the crime fades. Cries for blood subside.
In police shootings, the district attorney – the county's prosecutor – can take on the style of the defense bar.
For example, it took District Attorney Bonnie Dumanis more than a year to determine that no criminal charges would be brought against Mansker. By any standard, that's slowpoke justice.
By that time, Foley was off the radar. Mansker was back on active duty. In fact, he was named Mothers Against Drunk Driving's 2007 Coronado officer of the year for his zeal in arresting DUIs. (You can't make this stuff up.)
A month ago, the remarkably efficient state Attorney General's Office, which agreed to take the Silva half of the case, charged Rachel Silva with the dead-to-rights counts – DUI, child endangerment – but stopped short of charging her with assault with a deadly weapon (i.e., a car).
To many North County residents, the AG's forthright action suggested that the DA would quickly follow suit on the White piece of the puzzle.
One such impatient observer is Steve Miller of Carmel Valley. (No, he's not the rock musician.)
Dating back to April, Miller has been pressing Dumanis to get off the dime and charge – or not charge – White.
Here's a June 27 e-mail Miller sent to Dumanis following the U.S. Supreme Court Second Amendment ruling:
“Dear Ms. Dumanis: Thanks for taking your valuable time to weigh in on the Supreme Court ruling and specifically calling out important and logical exceptions, but you overlooked a very important exception and that is . . . off-duty police officers like Mansker and Frank White. Those guys should never bear arms again, don't you think?
“We're watching the eye-popping (civil) testimony of Mansker, but we haven't heard a thing about Frank White. . . .
“Weigh in/update us on Frank White. What's taking so long? Your (Attorney General) colleagues sorted out Silva quickly and finished a long time ago.”
After several days without a reply, Miller tried again: “Please educate me,” he wrote. “Seriously, I am not trying to be flippant.”
On July 1, Paul Levikow, the DA's communications director, sent a terse reply: “An announcement will be made in the Officer White case after the charging decision is made.”
Miller responded the next day: “The whole point is to attain a sincere informative response, not bother you. But instead you throw a boiler-plate bone at this pain in your neck, this nuisance, which is an insult to me and the community.”
On Wednesday, Miller wrote to tell me that he had received a phone call:
“For whatever it's worth, Levikow just called me and was apologetic if he was short in his response and reiterated that they cannot make comments or discuss the case, but it was his fault if he didn't elaborate and blah blah blah. I thanked him, told him I was smarter as a result, but did intend to keep the pressure on at which time he shared they are getting a lot of calls on this case and he too would like to see closure. He said the California Bar doesn't allow the divulgence of any information to protect the parties being investigated. He went on to say that since no one is in custody there is no rush. I said in this case there should be a rush before it happens again, but, of course, he couldn't/wouldn't engage that. I was pleased he called but wonder if I struck a nerve or they messed up or both.”
Yes, this is just one man's chivalric crusade.
Miller wrote me another note before the holiday weekend.
“Sorry to bother you but I have always felt for and stood up for people who got pushed around by bullies, people who misuse their strength, people who abuse power and authority.”
The longer Dumanis waits to charge – or, more likely, not charge – White, the more Americans like Miller will celebrate when justice is finally doled out in dollars.
 Logan Jenkins: (760) 737-7555; logan.jenkins@uniontrib.com.
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