Off Duty Cop Shoots Drunk NFL player (Merged)

[JayP228]

Real life tactical situation - off duty LEO follows NFL player home:

(CNN) -- The San Diego Chargers' Steve Foley was shot Sunday by an off-duty policeman who had followed him to his home after noticing Foley's car driving erratically, a sheriff's investigator in San Diego, California, said.

The 30-year-old, nine-year NFL veteran was shot twice; his wounds are not believed to be life-threatening, said San Diego Sheriff's Department Lt. Dennis Brugos.

The shooting came less than a week after the 6-foot, 4-inch, 265-pound linebacker was cleared on charges stemming from a scuffle with police in April. (Watch Brugos, neighbors recount events -- 1:42)

The Coronado police officer, who was driving an unmarked car and was about 20 miles outside his jurisdiction, told investigators he started following Foley's car after he saw it about 10 miles north of San Diego on Interstate 15 northbound "weaving in lanes, traveling at speeds of between 30 and 90 mph and nearly colliding with several other vehicles on the highway."

After Foley left the expressway, the officer pulled next to the ballplayer at a red light and identified himself as a police officer, Brugos said.

When the officer ordered Foley to pull his car over, the linebacker initially drove off before stopping "after a short distance," getting out of his car and walking toward the officer, Brugos said.

At that, the police officer pulled out his handgun and verbally identified himself, warning Foley to stop walking toward him, the investigator said.

"That's a BB gun," Brugos said Foley told him.

Foley then stopped his advance, returned to his car and pulled away, driving at least two more miles before stopping on Travertine Court, the upper-class street where he lives, Brugos said.

The officer said Foley again got out of his car and walked toward him, while his passenger -- Lisa Maree Gaut -- drove alongside him in the car.

"As the suspect approached, the officer again identified himself as a police officer and that his gun was real," the police statement said.

To prove it, the officer said he fired one warning shot into bushes and two shots toward the sky.

"The male suspect reached into his pants with his right hand as he approached the officer," the police statement said. "The officer then fired at the suspect. The suspect acknowledged that he had been shot, but continued toward the officer, who then fired again at him. This time the suspect fell to the ground."

Foley was taken to Sharp Memorial Hospital, where his wounds were not considered life-threatening, Brugos said.

His companion was taken into custody for questioning, police said.

"This investigation is continuing, and it is unknown at this time what charges may be filed in this matter," said Brugos.
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Personally, I think the LEO should have stayed in the background and called on his cellphone for marked backup. I'm not saying Foley was undeserving of being arrested, but (i) a guy follows you for 20 minutes, (ii) in an unmarked car with no strobes; (iii) says he's a LEO from some jurisdiction 4 counties away; and (iv) flashes a shiny badge and proceeds to fire his pistol in the bushes and into the air.

Man, I'm not sure how I would've reacted.

[S.Miller]

I'm.....almost speechless. Warning shots into the bushes and INTO THE SKY!!! It's bad enough that he was chasing a suspected drunk driver twenty freaking miles out of his jurisdiction, but then to fire three warning shots (just to prove the gun was real, which could have been done with one shot, which would still be insanely stupid). And not one but two shots fired into the sky.

I'm a cop myself and will guess this guy is new. Or stupid. In either case he should be fired. Foley will probably be cleared (again) and will sue. There is no reason an off duty cop, out of his jurisdiction, should have turned following a suspected DUI into lethal force. You call the local cops and give them the vehicle info, you don't try to stop it yourself.

This guy made us all look bad. Real bad. Sorry for the rant but I'm just outraged.

[Sarge]

SMiller,

My thoughts exactly. All of it.

[PythonGuy]

Sounds bad from the facts provided so far, an idiot and a gun are a bad mix, be they LEO or civilian. We have to wait for all the info to be released in the interest of fairness, but if the warning shots story is true this cop is in trouble.

[Walter]

Warning shots into the bushes and INTO THE SKY!!! It's bad enough that he was chasing a suspected drunk driver twenty freaking miles out of his jurisdiction, but then to fire three warning shots (just to prove the gun was real, which could have been done with one shot, which would still be insanely stupid). And not one but two shots fired into the sky.

I'm not any kind of LEO, but I agree completely. That just doesn't sound
like a very professional way of doing police business to me.

Walter

[Socrates]

After the guy got back in his car, WHAT HAPPENED TO BACKUP???? RADIO!!!

Of course, keep in mind, the facts, as reported by news, are wrong about 100% of the time...

S

[Blackwater OPS]

Another +1 for Miller. SOP for this is to call 911 on the cell, let CHP handle it, same if you are a cop or not. Unmarked vehicles cannot(and should not) make traffic stops in CA. The whole thing just gets worse from there. Nothing to charge the cop with, and he might even keep his job, but there is a HUGE civil suit pending I'm sure. WHat an idiot. I hope no one tries to defend this guy as LE because it already reflects badly enough on all of us. I wonder where those "warning shots" landed......

[S.Miller]

Socrates, he was off-duty and in his personal car, so no police radio.

At our department, and at every department I know of, warning shots are NEVER to be fired. They are absolutely forbidden. They are dangerous, and even if we were allowed to fire them I'm quite sure we would not be able to do so skyward. Those bullets have to come back down at some point, what with the law of gravity and all.

The cop in this story made so many bad decisions. In my view he is the one that escalated this into a tragic event. The player was probably wondering why someone was following him in the first place. While he should have simply wimpered away when the idiot cop fired his warning shots I suspect he still has a good lawsuit awaiting him, much as I loathe litigation. Also, this off-duty cop, 20 miles away from his juisdiction, would have no authority to make some kind of arrest. Unless the laws are different in Cali than they are here in Ohio, citizens can only arrest for felonies, not misdemeanors.

[Blackwater OPS]

Well, the laws are a bit different, Citizens(Private persons, Local Police are citizens too ) can basically arrest for any public offense commited in their presence. For a Felony, they only need to know that the crime was commited and have PC that that person committed it. Of course most people don't know that and don't go running around well, acting like that cop.

None of that matters though, cops in CA are cops 24/7 anywhere in the state. This guy was just someone who, if the media reported this right, never should have been allowed to own a gun much less be a cop.

[Musketeer]

The off duty cops actions make every bit of his story suspect.

Perhaps this was a road rage incident with the off duty LEO throwing his muscle around. Foley could have been driving as he was reported in order to get away from the nut job following him. The off duty LEO may not have had a radio but he almost certainly has a cell phone, where is the recording of his 911 call concerning the "drunk drive" he was following.

This LEO is going to get eaten alive. Foley will own the LEO, his department and the city before it is done.

One last thing, the media can report just abotu anything and it is subject to scrutiny but we do know this. The off duty LEO fired multiple warning shots... that alone can attest to his competence.

[jcoiii]

What the heck was this officer thinking? Off duty, chasing a driver, firing warning shots!??!?!

Well, california, I suppose.

[BouncerDan]

Did this cop not think that "what goes up must come down"? I mean those bullets could have killed someone when they fell back to earth. What was he thinkin? And yall are competely right (A) he was off duty (B) he not in his juristiction (C) how in the hell did it turn from a simple DUI into a lethal force issue. As much as I hate to say it that department should get sued as should the officer who should ALSO be fired.

[azurefly]

Abso-frickin'-lutely sickening.

Nothing I'd say would be new. You've read everything I feel about this situation from the other posters. I just wanted to include myself with those who feel this cop should be fired -- and jailed -- NOW.


-azurefly

[jcoiii]

(C) how in the hell did it turn from a simple DUI into a lethal force issue.

At least according to local laws (TN) an officer (on or off duty) can arrest in this case. In fact, Joe Citizen could detain ("citizen's arrest") in this case as well. However, just because he could doesn't mean that he made the wisest move.

That being said, if he still had authority to arrest, and then IF this guy somehow presented a serious threat, then lethal force could be justified.

Any action can turn into a lethal force issue at any time.

Now, after all that mumbo jumbo, I think more info is needed. Because I'd lay odds that the news hasn't given the whole story for both sides

[Musketeer]

Perhaps an off duty officer has powers of arrest, that does not make it a good idea. There have been many cases of cop impersonators out there. Just because some guy with a badge and an attitude is telling me he is a cop, after following me around town in what does not appear to be an unmarked cop car, doesn't mean I am going to believe him. In fact if I did I would be pretty stupid.

My wife has orders not to stop for unmarked cars. She is to dial 911 and relate the situation while driving to a police station, fire department (where there always seems to be a cop) or to the first marked car she sees.

There have been a host of nuts pretending to be cops where I live and even one murder of a bank offficer for his keys while on his way home by a fake cop in an "unmarked car."

[2400]

"As the suspect approached, the officer again identified himself as a police officer and that his gun was real," the police statement said.

To prove it, the officer said he fired one warning shot into bushes and two shots toward the sky.

WTFO?

[Musketeer]

"As the suspect approached, the officer again identified himself as a police officer and that his gun was real," the police statement said.

To prove it, the officer said he fired one warning shot into bushes and two shots toward the sky.

Of course the huge pair between the off duty LEO's legs precluded him from backing down at this point and getting into his car to leave. Not once had he considerred there was no reason for the person he was accosting to believe he really was an officer and not some deranged stalker or road rage nut. Once that gun cleared leather he had two choices, eat crow or shoot. If his brains were bigger than his balls he probably would not have engaged in a confrontation to begin with....

[S.Miller]

In today's paper it stated that Foley will be out for the season and will not be paid this year's salary by the Chargers. I'll bet his agent has already secured the services of a couple of attorneys.

[IZinterrogator]

Steve Foley is going to own Coronado for this moron cop's actions. And that is a very nice chunk of real estate. Civil actions aside, it appears from the story that the cop never identified himself with anything other than a proclaimation that he was a cop. Isn't that a new technique of home invaders? I wouldn't have believed him either.

However, I may be prejudiced, since I'm a native San Diegan and a Chargers fan.

[Blackwater OPS]

Ok, I'm not defending the cop, but this is his side of it. NOTE: this was cleared for general release and is not FOUO or restricted.


SUBJECT: Officer Involved Shooting Investigation



LOCATION: 12100 Travertine Court, Poway



DATE/TIME: 09/03/2006 3:41 AM



VICTIM: Off-Duty Coronado Police Officer



SUSPECT: See Below



The following information is fragmentary and has not been completely verified. It is based, in part, on hearsay and is intended for early information use rather than being a formal investigative report.

At about 3:26 A.M. this morning (September 3rd), an off-duty Coronado Police Officer reported that he was following a suspected drunk driver in the vicinity of northbound Highway 163 and Highway 52. The suspect vehicle was described as weaving in lanes, traveling at speeds of between 30 and 90 miles per hour and nearly colliding with several other vehicles on the highway.

The suspect vehicle exited Interstate 15 at Pomerado Road in the Scripps Ranch area of San Diego. When the suspect vehicle stopped for a red signal light the officer pulled his car next to him and after identifying himself as a police officer, ordered the driver to pull the car over. The driver acknowledged the officer, then drove away. After a short distance the suspect stopped again. The driver got out of his car and approached the officer, who had stopped behind him. The officer verbally identified himself and pulled out his handgun. He told the suspect several times to stop. However, he continued to walk toward the officer, while making the statement “That's a BB gun”. The suspect then walked back to his car. A female passenger got out of the vehicle and yelled an unintelligible comment to the officer. The suspect and his female passenger then drove away, with the officer following them.

The suspect then stopped his vehicle at the intersection of Treadwell Drive and Travertine Court in Poway, with the officer behind them. The suspect got out of his car and again approached the officer's car. The officer backed his car up, then drove around the suspect, up Travertine Court, which is a cul-de-sac.

At the end of the cul-de-sac the officer got out of his car. He saw the suspect approaching him on foot up Travertine Court, with his female companion driving the car next to him. As the suspect approached, the officer again identified himself as a police officer and that his gun was real. The officer fired a warning shot into some bushes. The female rapidly accelerated the car directly at the officer. In response, the officer fired two shots at the car. The officer was able to avoid being struck by the moving vehicle. The male suspect reached into his pants with his right hand as he approached the officer. The officer then fired at the suspect. The suspect acknowledged that he had been shot, but continued toward the officer, who then fired again at him. This time the suspect fell to the ground.

Shortly thereafter deputies arrived on scene. The uninjured female was taken into custody and the male suspect was transported to a local hospital.



Identification has been made on the male suspect as Steve Foley and the female as Lisa Maree Gaut.

It should be noted that during the course of this incident the officer established radio communications with allied law enforcement agencies.

This investigation is continuing and it is unknown at this time what charges may be filed in this matter.

Due to an established multi-agency protocol agreement this shooting is being investigated by the San Diego Sheriff's Department's Homicide Detail.



Anyone with information about this incident is asked to call the Homicide Detail at (858) 974-2321/after hours at (858) 565-5200 or Crime Stoppers at (888) 580-TIPS(8477).



Prepared by: Dennis Brugos, Lieutenant

Homicide Detail

(858) 974-2321

[Raptor5191]

I have a problem with the "warning shots" no matter what or why. Warning shots are for hollywood westerns, not for real life situations.

However, I WILL NOT make judgement on this until if and when we get the whole story. However....notice the large difference in the press release and media account.

I am surprised that other LEOs here are taking what the media says at face value. They are generally the biggest spin-machine in the world.

[JayP228]

I don't see a long line of people defending Foley and I won't. But this did not have to go down this way, period. The LEO's version still seems to leave ample opportunity to wait for uniformed backup instead of playing Dirty Harry.


It may have been a clean shoot, but also an unnecessary one.

[IZinterrogator]

The female rapidly accelerated the car directly at the officer. In response, the officer fired two shots at the car.

Seems to me the officer shot the wrong person. A car seems a little more along the lines of a deadly weapon than a hand in a pocket. Then again, we still have no badge presented (at least, it's not mentioned in any account) and a warning shot which seems to have precipitated the female trying to run down the cop. Any way you look at it, this whole case is a dog's breakfast. The cop had established communications, but insisted on going on without back-up and then handled the situation poorly. I don't think he will be back on the road for a long time.

I wonder why homicide is involved when Foley had no gun. It would have been mentioned without a doubt. Makes me wonder who the Sheriff's Department is targeting with this investigation.

[Blackwater OPS]

SD Homicide is involved because they are the pre-determined investigators for officer involved shooting out of jurisdiction under some old agreement between agencies. I only mention this because it has nothing at all to do with the specifics of the case.

I think the main thing people were reaming this guy for, besides involving himself in a stupid situation for no reason, was fire warning shots intop the air. It's worth noting that he claims he only fired at the bushes(still stupid) and the car driven by the female while it was accelerating toward him.

The guy should still not be wearing a badge anymore IMO.

[JayP228]

Update:

SAN DIEGO -- Chargers linebacker Steve Foley apparently was unarmed when he was shot and wounded by an off-duty police officer near his upscale suburban home during a traffic stop, authorities said.


Foley

There was no update Tuesday on Foley's condition, which his agent has described as stable. San Diego County sheriff's Lt. Dennis Brugos said investigators have tried to question him, but Foley has been unable to respond.

"He's been kind of in a sedated state since he's been in the hospital," Brugos told the San Diego Union-Tribune in Wednesday's editions.

Foley was wounded early Sunday by the officer, identified as Aaron Mansker.

"To my knowledge, I don't believe Foley did have a weapon, even though I was told he reached into his waistband with his right hand," Brugos said. "I don't know what was in his mind. We did not recover a weapon."

Mansker has been placed on paid administrative leave, said Leah Corbin, a police spokeswoman in Coronado, a wealthy peninsular enclave across the bay from San Diego. The 23-year-old officer joined the Coronado Police Department in August 2005 after graduating from the police academy at Palomar College, officials said.

Foley is on the non-football injured reserve list, meaning he will miss the season and forfeit his pay, estimated at $1.65 million.

Since 1999, Foley has been arrested at least five times, including cases that police say involved alcohol and confrontations with officers, the Union-Tribune reported.

In April, he was arrested for investigation of public intoxication, resisting arrest and battery on a police officer following an early-morning scuffle with at least three officers in Universal City, police said. Prosecutors decided not to file felony charges in the case last week.

Before that, Foley pleaded guilty to drunken driving in Louisiana in 1999 and received probation.

At one point, he was enrolled in an NFL alcohol treatment program, the newspaper reported.

The shooting occurred Sunday after Foley, who is 6-foot-4, 265 pounds, got out of the vehicle near his home in Poway and began walking toward Mansker, who identified himself as an officer, said he was armed and fired a warning shot into the bushes, authorities said.

Lisa Maree Gaut, a passenger in Foley's vehicle, got behind the wheel and drove toward the police officer, authorities said. Mansker fired two shots at the car and avoided getting struck. Gaut was unharmed.

Mansker fired at Foley when Foley "raised up his shirt and reached down into his waistband," Brugos said. He opened fire again when Foley continued to walk toward him, and then Foley fell to the ground.

The shooting came after Mansker, who was on his way home from work, followed a suspected drunken driver weaving in freeway traffic at speeds up to 90 mph. The driver nearly collided with several other vehicles.

Foley stopped three times, including at a red light after he got off the freeway. Mansker called radio dispatchers for assistance and ordered him to pull over, but Foley drove away, officials said.

Brugos said Tuesday that while Mansker was wearing his police badge on the right side of his belt, he didn't believe he showed it to Foley from his car.

Asked if Foley saw the badge, Brugos said he didn't know.

_________________________

Ruh Roh Rastro. Not sure Foley even saw the badge?????