DA says Chargers LB Foley had blood alcohol nearly three times legal limit
Written by: Debbi Farr Baker ¦ 9/14/2006
Source: www.uniontrib.com
SAN DIEG0 - Chargers linebacker Steve Foley had been drinking at a Gaslamp District bar for 3? hours and had a blood alcohol level of .233 - nearly three times the legal limit to drive - when he was shot by an off-duty police officer in the early hours of Sept. 3, according to a search warrant affidavit released Thursday.
The affidavit also asked that Foley be tested for controlled or illegal substances as well as for performance enhancing drugs such as steroids. It says that it is widely known that professional athletes use steroids and their use can contribute to erratic behavior, as well as violent and uncontrolled outbursts commonly referred to as "roid rage."
The 15-page document, which methodically lays out the events on Sept. 2 and Sept 3, was written by Dan Nordell, an investigator with the District Attorney's office.
It says that an employee at the bar noticed that Foley, 31, was clearly "buzzed" and was trying to pick up one of the waitresses at closing time. A waitress at the bar also told police that Foley was swaying and appeared to be drunk.
Earlier in the evening Foley had called Lisa Maree Gaut, 25, whom he had met on Aug. 30, and had her meet him. The two left the bar together shortly after closing time and headed north on state Route 163, with Foley at the wheel.
Officials said Foley's Oldsmobile Cutlass Supreme was being driven erratically at 3 a.m., which caught the attention of off-duty Coronado police officer Aaron Mansker.
Mansker was dressed in civilian clothes and was driving his own black, unmarked Mazda sedan on his way home from work.
Mansker saw Foley driving between about 30 and 90 miles per hour, weaving all over the road and nearly hitting several vehicles as well as the center divider, the affidavit states.
Foley got off the freeway at Pomerado Road and headed east. At the intersection of Pomerado and Spring Canyon Road, Mansker pulled alongside Foley, identified himself as a police officer and told him to pull over.
Foley, who appeared to be nervous, swore and then pulled away, turning right on Pomerado Road, according to the affidavit.
Foley stopped his car several times and blocked the road, and at one point pulled over to the median and got out.
The 6 foot, 4 inch, 265-pound linebacker charged at Mansker and came within 10 feet of him, the affidavit says.
Mansker shouted repeatedly that he was a police officer, the affidavit says.
Gaut also got out of the car and shouted at Mansker. Foley finally told the officer that his weapon was a "BB gun" and he and Gaut got back into the car and drove away.
Foley stopped his car once again on Treadwell Drive and this time Gaut got out of the car and started walking toward the officer. She ignored his order to stop and she and Foley got back in the car and drove away again.
The pair drove to Travertine Court, where Foley stopped the car and was blocking the road. He got out of the car and charged at Mansker, who backed up.
Mansker decided at that point to leave and he drove around Foley only to find that he was on a cul-de-sac and had nowhere to go. He turned his car around and stopped.
At this point Foley started walking toward Mansker followed by Gaut, now driving Foley's car, the affidavit says.
Mansker pointed his gun at Foley and ordered him to stop while also telling him that his gun was real and that he was a police officer. The officer fired a warning shot in the dirt.
As Foley continued to advance Gaut drove past him and tried to ram Mansker with Foley's car but drove past him and jumped the curb, almost hitting a tree.
She put the car into reverse, revved the engine and backed up, the affidavit says.
In the meantime, Foley continued to come toward the officer and reached for the waistband of his pants.
Mansker fired two rounds at the NFL player, hitting him in the knee, but Foley continued to advance. Mankser then fired additional rounds and Foley went down on the pavement near Mansker's car. This was at 3:41 a.m., about 40 minutes after Mankser first saw Foley.
San Diego County Sheriff's Deputies arrived moments later. Gaut later told investigators at the scene that she was drunk.
Foley has been hospitalized since the incident with at least three bullet wounds in his leg and a wound in his hand.
The Chargers have determine that Foley will be placed on injured reserve and that he will not play this season and will forfeit his $775,000 base salary.
http://www.uniontrib.com
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When you mess with MT, you get the horns, albeit in a very polite manner. Good stuff MT.
