CALIFORNIA BRIEFING / SAN DIEGO

The police officer acquitted in an off-duty shooting that wounded a woman and her young son in 2008 will return to desk duty Monday. Frank White has been on unpaid leave.

Whether White will return to patrol duty will be determined by a personnel review that may take three weeks, officials said.

A San Diego County Superior Court jury Monday acquitted White in the March 2008 “road rage” incident in which he was confronted by a motorist in Oceanside.

White was charged with felony negligent discharge of a firearm and misdemeanor brandishing a weapon in an angry manner.

White testified that he believed he and his wife were in mortal danger when he fired five times, striking Rachel Silva in the arm and her 8-year-old son in the leg. Both have recovered.

The acquittal does not ensure that White, 29, will be returned to patrol duties.

As the district attorney routinely says after reviewing officer-involved shootings, the legal standard of whether an officer acted lawfully and the issue of whether he followed police procedure are separate matters.

The first is judged by the court system, the second by the Police Department and ultimately by the chief.

-- Tony Perry