SAN DIEGO -- A woman who was with Chargers linebacker Steve Foley when he was shot several times by an off-duty Coronado police officer must stand trial on assault and drunken driving charges, a judge ruled Wednesday.

Lisa Maree Gaut, 26, faces a maximum of five years in state prison if convicted, said Deputy District Attorney James Koerber.

After a one and a half day preliminary hearing, Judge Frederick Maguire ordered Gaut -- who is out of custody on bail -- to return to court Nov. 1 for arraignment in Superior Court.

Maguire said his decision to order a trial for Gaut was not a referendum on off-duty police officers, nor was it a referendum on Foley. The relevant issue is what happened at the scene of the shooting and whether Gaut knew or should have reasonably known that Officer Aaron Mansker was a policeman, the judge said.

"Frankly, if anybody looks like a cop, it's Mansker," the judge said.

Mansker, under questioning Wednesday by defense attorney Ray Vecchio, said he didn't show his badge to either Foley or Gaut after following the athlete's restored 1971 Oldsmobile Cutlass from downtown San Diego to Poway because he thought the driver was drunk.

Mansker, 23, said he only identified himself as a police officer to Foley and Gaut when the football player stopped the car after exiting the freeway.

"Wouldn't it have been better to show (Foley) your badge?" Vecchio asked the officer.

"It would have been, yes sir," Mansker replied.

Vecchio asked the officer if he thought there was anything he could have done to avoid the "horrific event."

"At the time, no," Mansker responded.

Asked if something else could have been done in hindsight, Mansker said there could have been "other possibilities," but was not specific.

Mansker said he was afraid for his life at the time he shot Foley.

The officer testified yesterday that the motorist he was following in the early morning hours of Sept. 3 was weaving in and out of lanes, almost hit another vehicle and a center divider and was driving erratically at speeds between 30 and 90 mph.

Gaut is charged with felony assault with a deadly weapon with force likely to produce great bodily injury and assault with a deadly weapon on a peace officer for allegedly using Foley's car to try to run down Mansker on the Travertine Court cul-de-sac where Foley lives and where the shooting occurred.

She also faces misdemeanor charges of driving under the influence of alcohol and driving with a blood-alcohol level above the legal limit of .08.

Mansker said Foley, 31, pulled over around 3:30 a.m. near Travertine Court and got out of his car.

The off-duty officer -- who had gotten off work at 3 a.m. and was driving his own vehicle, not a patrol car -- said he decided the potential stop wasn't worth it, backed up and drove around Foley's vehicle up the street, not knowing it was a cul-de-sac.

Mansker said once he turned around, Foley was out of his car and walking toward him, and Gaut was driving the car slowly behind him.

The officer said he got out of his car and fired a warning shot into a berm, but Foley kept walking and Gaut kept moving the car forward.

Mansker said the vehicle suddenly went around Foley and sped toward him. Fearing he would be crushed between the oncoming car and his car door, Mansker said he fired two shots at the hood of Foley's Oldsmobile.

Mansker said he backed up and saw Foley near the front of his unmarked car, lifting up his shirt, and fired at the athlete, who went down to the ground.

"He said, `You just shot me in the knee,"' Mansker testified.

The officer said Foley started to get up and reach in his waistband again, and he fired a few more rounds, sending the linebacker to the ground again.

Foley -- who was shot three times -- has been placed on the Chargers' "reserve non-football injury" list, a move that has sidelined him for the season, costing him his $1.65 million salary.

He was charged last week with two counts of misdemeanor DUI.

Mansker said he initially followed Foley -- whom he did not know was the driver -- to the Pomerado Road offramp from northbound Interstate 15.

Mansker said he pulled up next to Foley near Pomerado and Spring Canyon roads, identified himself as a police officer, and ordered him to pull over. He said the driver uttered an expletive, looked around the vehicle like something shouldn't be there and then drove off.

A few minutes later, Foley stopped in the road again, got out of his car and approached Mansker, the officer testified.

"Where was your focus?" prosecutor James Koerber asked Mansker.

"My focus is on his hands," the officer testified.

Mansker said he pulled out his off-duty service weapon when Foley initially refused his orders to stop. He said Foley ended up stopping at his car door.

The officer said Foley looked at him and said, "That's a BB gun," and walked back to his car and drove off.

According to court testimony, Mansker tried to get units from the San Diego Police Department and the San Diego County Sheriff's Department to execute a traffic stop on Foley's car.

By the time sheriff's deputies arrived at the cul-de-sac, the shooting had already occurred, according to court testimony.

During the course of the subsequent investigation, it was learned that Foley thought he was either being followed by a fan or a would-be carjacker, sheriff's homicide Detective Thomas Ness wrote in an affidavit for a search warrant.

According to search warrant affidavits, a sample of Foley's blood revealed a .23 blood-alcohol level, taken at 4:29 a.m. Sept. 3.

Gaut's blood-alcohol level was measured .15, according to a court stipulation.

Mansker will remain on administrative leave pending resolution of investigations into the shooting, according to the Coronado Police Department.