Cop never showed his badge to Foley; Despite pre-trial admission, Charger's companion will face trial
By: TERI FIGUEROA - Staff Writer
SAN DIEGO -- The rookie off-duty police officer who shot Chargers linebacker Steve Foley last month said Wednesday that at no point did he show his badge to Foley or his companion as he tried to get the NFL veteran to pull over on suspicion of drunken driving.
The ensuing confrontation on Foley's quiet cul de sac in Poway left the 31-year-old player with three .40 caliber bullet wounds that would sideline him for the season.
The testimony from Aaron Mansker came during a pre-trial hearing for Foley's companion, Lisa Maree Gaut, who is accused of trying to run down the officer in Foley's car during the clash.
At the end of the hearing, Superior Court Judge Frederick Maguire sent Gaut's case to trial; the 26-year-old San Diego woman will be formally arraigned on Nov. 1.
Mansker was in street clothes and driving his own car while heading home from work just after 3 a.m. Sept. 3, when he came across Foley driving erratically on State Route 163. Suspecting he was a drunken driver, Mansker stayed at a distance but followed Foley north up to Interstate 15 and then Pomerado Road, he said.
Once they were on surface streets, the linebacker allegedly rebuffed Mansker's repeated attempts to get him to pull over during a series of stops and shouting matches among Foley, his companion and the off-duty officer.
Foley was unarmed during the incident.
Prosecutor James Koerber argued to Judge Maguire that Foley and Gaut should have known Mansker was a cop and heeded his commands; Gaut's attorney, Raymond Vecchio, contended Mansker never showed his badge and the duo didn't know he was an officer.
"Wouldn't it have been better to show (Foley) your badge?" Vecchio asked the officer during cross-examination.
"It would have been, yes," Mansker replied.
Later, Vecchio asked Mansker if he could have done anything to "avoid the horrific event."
"At the time, no," Mansker responded.
Vecchio then asked if, in hindsight, Mansker thought he should have done something different.
"Again, there's many possibilities that could have happened, things that could have changed," Mansker replied.
Many of the stops on the street, Mansker testified, were initiated by Foley, with the football player stopping his car in the middle of the road, getting out and approaching Mansker, who drew his gun and pointed it at Foley.
During one such encounter, Mansker said, Foley walked up to him, looked at his firearm, said "that's a BB gun," and walked back to his car.
Gaut ---- who was primarily a passenger in Foley's car, but allegedly got behind the wheel and drove slowly up Foley's residential street during the final minutes of the confrontation ---- faces up to five years in prison if convicted. She is charged with two felony counts of assault with a deadly weapon and a misdemeanor count of driving under the influence.
Gaut was in court this week for a preliminary hearing, in which a judge decides if there is enough evidence to send the defendant to trial.
In deciding to send the case on to trial, Maguire said both sides made good arguments.
"Even though there is a legitimate defense ... both of what you say could be true," Maguire said to the attorneys.
Maguire also took notice of Mansker's courtroom demonstration of the volume and tone of voice the officer used when shouting the commands he said he gave to Foley and Gaut.
"He's got a booming voice," Maguire said of Mansker, "and frankly, if anybody looks like a cop, it's Mansker."
On Monday, Foley pleaded not guilty to misdemeanor drunken-driving charges, including an allegation that his blood-alcohol level was more than 0.15 percent.
Foley's agent, David Levine, said this week that Foley recently returned home from the hospital and is still on the mend.
One day after the shooting, the Chargers placed the Foley on the inactive list for the 2006 season; Foley could forfeit an estimated $800,000 in base salary if the Chargers choose not to pay him.
-- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.
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