Why was an off duty cop looking to make an arrest? Something here does not pass the logic test. Was the cop himself intoxicated? Also was the officer driving an unmarked car? If so, it may have been hard for Foley to tell if he was a cop.
Chargers' Foley shot by off-duty cop
By Sandra Dibble
UNION-TRIBUNE STAFF WRITER
September 4, 2006
Chargers linebacker Steve Foley underwent surgery for gunshot wounds yesterday after being shot by an off-duty police officer outside his Poway home.
Steve Foley
The 3:41 a.m. shooting occurred after the Coronado officer followed Foley's car for about 10 miles, according to the San Diego County Sheriff's Department. The officer suspected a drunken driver when he spotted Foley's vehicle weaving in and out of lanes of northbound traffic on state Route 163, nearly colliding with several other cars, investigators said.
Foley, 30, was shot standing near his car, said sheriff's homicide Lt. Dennis Brugos. He more than once had refused the officer's order to pull over, Brugos said.
The officer, whose name was not released, was driving an unmarked car and was not in uniform. The officer told investigators he fired his weapon several times at Foley after the athlete stepped out of his vehicle on the quiet, upscale cul-de-sac of Travertine Court, and reached into his pants.
It was not clear whether Foley was armed, Brugos said.
Chargers coach Marty Schottenheimer said Foley's injuries were not life-threatening. Schottenheimer said he did not know whether Foley would miss any time on the playing field as a result.
“The only thing we're thinking about is to make sure he is well,” Schottenheimer said. “Beyond that, it's not appropriate in my view to comment.”
On Saturday evening, hours before the incident, Foley had attended the Chargers' rookie dinner, where new players treat veterans to a lavish meal.
Police said Foley was taken to Sharp Memorial Hospital. A city of San Diego dispatcher confirmed an ambulance sent to Travertine Court at 3:47 a.m. took a patient to Sharp Memorial Hospital in Kearny Mesa. A hospital spokeswoman, Kathy Gambito, said she had no information on a patient with Foley's name.
Foley's agent, David Levine, said Foley underwent surgery at noon.
It is unknown whether any charges will be filed against Foley. His female companion, Lisa Maree Gaut, 25, was booked into Las Colinas jail yesterday afternoon on suspicion of assault with a deadly weapon and driving under the influence of drugs or alcohol, according to the Sheriff's Department. A court hearing for Gaut is set for Thursday afternoon in El Cajon.
Foley signed with the Chargers as a free agent before the 2004 season, starting 13 games last season and missing three games with an abdominal injury. He tied for third on the team with 4½ sacks.
“He's been a great asset to this team, whether it's how he plays or how he livens up the locker room and how he leads,” said cornerback Quentin Jammer. “Foley is a genuine good guy. That's how he is all the time.”
Homicide detectives have taken over the investigation, because the shooting involves a police officer. The officer is on administrative leave, according to the Sheriff's Department, a standard procedure in such shootings.
The Coronado Police Department referred questions to the Sheriff's Department.
Foley has had previous run-ins with law enforcement. Last week, the San Diego County District Attorney's Office said it would not pursue charges against Foley for an incident in April. He was accused of resisting arrest, battery on a police officer and being drunk in public after an altercation on a University City street about 1:30 a.m. April 21.
After several incidents in Cincinnati in 1999 and 2000, where he played for the Bengals, Foley was enrolled in an NFL alcohol program.
According to the initial report from the Sheriff's Department, yesterday's incident started about 3:30 a.m. when the Coronado officer said he noticed Foley's car weaving on state Route 163 near state Route 52, traveling at speeds ranging from 30 mph to 90 mph.
The officer followed Foley's car as it exited Interstate 15 at Pomerado Road, the report said. Officials said the officer radioed other law enforcement agencies about his actions. When Foley stopped at a red light, the officer said he pulled his car alongside Foley's, identified himself as a police officer, and ordered him to pull over. Foley continued driving, investigators said.
After a short distance, Foley's car stopped again. Foley got out of the vehicle and approached the officer, who had stopped his vehicle behind Foley's. The officer identified himself again and pulled out his handgun, according to the report.
Foley kept approaching and said, “that's a BB gun,” the officer told investigators.
Foley then walked back to his car and drove away. Foley stopped again at the corner of Treadwell Drive and Travertine Court, near his house. The officer backed up his car and then stepped out at the end of the cul-de-sac, according to the report. Foley, who is 6-foot-4 and weighs 265 pounds, walked toward him with his female companion, Gaut, now at the wheel of Foley's customized Oldsmobile Cutlass.
The officer repeated that he was a police officer, and that the gun was real, according to the report. The officer then fired into some bushes as a warning. Gaut then drove the car quickly in the officer's direction, prompting him to fire two times at the vehicle, the report said. That's when Foley reached into his pants with his right hand, investigators said, and continued to approach the officer. The officer fired his gun.
“The suspect acknowledged that he had been shot, but continued toward the officer,” the sheriff's report said.
The officer fired again, the report said, and Foley fell to the ground.
The law allows – but does not require – off-duty police officers to make arrests when they witness suspected misdemeanor crimes, including drunken driving, said Paul Pfingst, the former San Diego County district attorney now in private practice.
“If a person resists arrest, (the officer) has no duty to retreat, if they use deadly force against him, he has the right to defend himself,” said Pfingst, who also served on the San Diego Police Department's review board scrutinizing police shootings and misconduct accusations.
What may become an issue in this case is how the Coronado officer identified himself and whether Foley believed he was legitimate, Pfingst said.
“There's an (identification) question going on there,” he said. “Usually if someone has a badge and a gun and displays it in a clear manner, people don't think they're having a BB gun. The question is whether a badge was displayed. And when it was displayed, was it displayed in a manner that could be seen.”
Several hours after the shooting yesterday, investigators remained on the scene, cordoning off the small cul-de-sac where the shooting occurred. Foley's car stood in the middle, the passenger door ajar.
Property records show Foley purchased a four-bedroom, 2,965-square-foot residence on Travertine Court for $1.39 million in July 2005.
Neighbors in the Rolling Hills Estates development described Foley as a friendly, pleasant neighbor.
“He was real personable, every time he went by he would wave,” said Kent Goodman, who lives nearby.
Foley took time to chat with Goodman's son, who plays football in a Pop Warner League, Goodman said.
