Claim filed in cop shooting of SoCal boy

SAN DIEGO, April 2 (UPI) -- A claim filed by a California man alleges an off-duty San Diego police officer started the "road-rage" incident that ended with his 8-year-old son being shot.

Luis Silva, a U.S. Marine, contends Officer Frank White cut off the car carrying his ex-wife and son while entering a parking lot in nearby Oceanside and then pointed his gun directly at the boy as the March 15 confrontation degenerated into gunfire.

The boy and his mom both wound up in the hospital while White was taken off duty while the incident was investigated. No charges have been filed in the case.

Lawyer Gene Iredale told The San Diego Union-Tribune Wednesday that White never showed his badge during the confrontation. White has contended he identified himself as a police officer.

The claim also said that while the wounded Rachel Silva was tested for drugs and alcohol, White was not tested.

Silva's claim is the initial legal step toward a formal lawsuit in the incident, the newspaper said.