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Chargers linebacker was unarmed during confrontation with off-duty Coronado cop
By Tony Manolatos
UNION-TRIBUNE STAFF WRITER
September 6, 2006
Foley's prior run-ins with police have resulted in one conviction
The off-duty police officer who shot Chargers' linebacker Steve Foley is a former Palomar College campus policeman who was hired by the Coronado Police Department a year ago.
Details of the shooting Sunday morning remain scarce. But the picture emerging centers on a young officer and an NFL player with a history of run-ins with the law who was suspected of drunken driving.
Officer Aaron Mansker is 23 and lives in Escondido, voting records show. He could not be reached for comment yesterday.
Foley, who was unarmed when he was shot near his home in Poway, remained in the surgical intensive care unit yesterday at Sharp Memorial Hospital after undergoing a second surgery.
He sustained wounds to his hand, upper thigh and lower inner thigh, a source said.
He received several visitors yesterday, including his Florida-based agent, David Levine. Contacted later in the day, Levine said: “I got no comment right now. I gotta call you later.”
Foley, 30, has not been charged. Police have not released the results of his blood-alcohol test.
Detectives have tried to question him, but Foley has been unable to respond, said sheriff's Lt. Dennis Brugos, who is overseeing the investigation.
“He's been kind of in a sedated state since he's been in the hospital,” Brugos said.
He said investigators have yet to determine what Foley did after leaving a player's dinner in downtown San Diego around 10:30 p.m. Saturday.
What you should do
If you're pulled over by someone who identifies himself or herself as an off-duty police officer:
Pull into a lighted area, preferably a large parking lot in view of other motorists.
Ask to see the officer's badge.
If you're still not comfortable, tell the officer you'll wait until uniformed officers can respond. The officer should be able to radio for assistance.
Call 911 and ask them to check the officer's identity.
Yesterday, several of Foley's teammates said a number of players, including Foley, moved on to a nearby nightclub called Stingaree after the dinner at Morton's Steak House.
Investigators have questioned Mansker, who is cooperating, Brugos said. However, Brugos was unable to clarify yesterday whether the officer showed Foley his badge, which was clipped to his belt.
Preliminary reports indicate Foley had doubts about whether Mansker was an officer. He wasn't in uniform, and he was driving a black Mazda sedan.
Policies governing the use of force by off-duty police officers vary by department.
They have the authority to intervene, said Chris Cross, a defensive tactics instructor at the regional police academy at Miramar College.
“Having said that, they're encouraged to be a good witness and not intervene because they may or may not be recognized as an officer,” he said. “They're encouraged to call 911 and maintain a safe distance and wait for marked units, if possible.”
Coronado City Attorney Morgan Foley refused to release a copy of the Coronado Police Department's policy about officers in unmarked cars making traffic stops, saying it was “privileged information.”
San Diego police policy says, “When outside the city limits of San Diego, but within the state of California, officers . . . shall also take appropriate action where a serious threat to life or property exists.”
The San Diego law firm of Bobbitt, Pinckard & Fields, which represents the members of several police officers associations in the county, has taken Mansker's case.
“At this point it's not in anybody's best business to rush to judgment or speculate,” said attorney Rick Pinckard, who met with Mansker yesterday.
Coronado Police Chief Paul Crook declined to answer several questions about Mansker, such as whether he was given a blood-alcohol test after the shooting.
Before working in Coronado, Mansker worked for the Palomar College Police Department. He served as a student community service officer from May 2003 to December 2004, when he was hired as a full-time campus police officer, following his graduation from the Palomar Police Academy.
Mansker left his post a year ago to take his current job, campus police officials said.
The morning of the shooting, Mansker worked until 3 a.m., department spokeswoman Lea Corbin said.
She would not say what Mansker's assignment was Saturday night, or when his shift started.
“He was apparently on overtime,” Corbin said.
Sheriff's Lt. Brugos said Mansker was on his way home when he spotted Foley driving his Oldsmobile Cutlass Supreme north on state Route 163 near Washington Street.
“He saw a car going down the road driving very erratically, almost hitting cars and the median,” Brugos said.
The off-duty officer followed the car for about five miles before radioing Coronado dispatchers, Brugos said. He was near state Route 52 when he asked for back-up. He told dispatchers he was following a possible drunken driver.
Mansker followed Foley for about 20 minutes, and he made more than one radio call for assistance, Brugos said. The sheriff's deputies who responded “arrived a few minutes” after the 3:41 a.m. shooting.
Mansker tried to pull Foley over twice, Brugos said.
During the first attempt, at a stoplight, Mansker reportedly identified himself as an off-duty officer. Foley acknowledged the officer but drove on. At the second stop, Foley got out of his car, approached the officer and suggested the weapon was a BB gun, investigators said.
Mansker doesn't “know where it was that they stopped” because he wasn't familiar with the area, Brugos said.
The third and final stop occurred on a cul-de-sac near Foley's home on Travertine Court. Mansker got out of the car, said his gun was real and fired a warning shot into some bushes against an embankment at the end of the street, Brugos said.
A woman with Foley, Lisa Maree Gaut, got behind the wheel after Foley stepped out of the car. She reportedly drove straight at the officer, who fired two shots, Brugos said. One bullet hit the windshield on the passenger side and the other hit the radiator, according to neighbors who saw the car afterward. Gaut was uninjured.
Foley, who was walking alongside the car toward the officer, “raised up his shirt and reached down into his waistband. . . . I don't know what was in his mind. We did not recover a weapon,” Brugos said.
The officer fired at Foley several times before he fell.
Mansker is on routine administrative leave pending the outcome of the shooting investigation.
Chargers officials placed Foley on injured reserve and said that because his injuries weren't related to playing, he will forfeit his $775,000 salary for this season.
Gaut, 25, remained in Las Colinas women's jail in Santee on suspicion of driving under the influence and assault with a deadly weapon. Her bail was set at $17,500. Her arraignment is scheduled for tomorrow in El Cajon. She declined an interview request.
According to court records, she is wanted in Solano County in Northern California for failing to appear for an arraignment on car-theft charges, receiving stolen property and possession of a forged check.