Misdemeanor DUI Charges Filed Against Chargers' Foley
POSTED: 5:04 pm PDT October 11, 2006
UPDATED: 5:34 pm PDT October 11, 2006
SAN DIEGO -- San Diego Chargers linebacker Steve Foley was charged Wednesday with a pair of misdemeanor driving under the influence charges stemming from his Sept. 3 confrontation with an off-duty Coronado police officer, who shot him three times near his Poway home.The 31-year-old Foley was charged with DUI within 10 years of a prior conviction on such a charge, and with driving with a blood-alcohol level of more than the .08 legal limit.The second charge carries an allegation that the blood-alcohol level was more than .15.Court documents list varying amounts of alcohol in Foley's blood.Foley is scheduled to appear at the San Diego County Courthouse for arraignment on Oct. 18.Officer Aaron Mansker has said he followed Foley's car because he suspected the driver was drunk.During the course of the subsequent investigation, it was learned that Foley thought he was either being followed by a fan or being carjacked by the person following him, sheriff's homicide Detective Thomas Ness wrote in an affidavit for a search warrant.Mansker, driving an unmarked car, had followed Foley to the football player's home after allegedly seeing his car swerving across freeway lanes and traveling at speeds up to 90 mph.Foley eventually stopped and got out of the car to confront Mansker. When he allegedly refused to halt and appeared to reach into his pants, the officer fired a round into a bush as a warning, then shot the football player, who was hospitalized for several weeks.The officer also opened fire on his companion, Lisa Maree Gaut, when she allegedly accelerated the Oldsmobile toward him, but she was uninjured.According to search warrant affidavits, a sample of blood revealing the .23 blood-alcohol level was taken at 4:29 a.m. on Sept. 3.On Sept. 13, Ness said he learned from the Sheriff's Crime Lab that Foley's blood-alcohol level measured .16 and Gaut's blood-alcohol level measured .15.The sample of blood revealing that result was taken from Foley at 6:45 a.m. on Sept. 3, according to the affidavits.According to the affidavits, Ness said it was explained to him that hospital blood-alcohol test results consistently measure higher than a criminalist's results due to hospital testing methods.Foley has been put on the Chargers' "reserve non-football injury" list, a move that has sidelined him for the season, costing him his $1.65 million salary.Mansker, 23, will remain on administrative leave pending resolution of investigations into the shooting, according to the Coronado Police Department.Judge Jeffrey Fraser has issued a gag order that prohibits the lawyers in the case from talking about possible steroid use, polygraphs and witness credibility.
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