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Doctor: Foley Will Never Play Football Again

POSTED: 3:34 pm PDT June 30, 2008

Ex-Charger Steve Foley will never play professional football again and will have trouble walking because of damage done to his left leg by a bullet fired by a rookie off-duty police officer, one of Foley's doctors testified Monday.

Dr. James Chao, a plastic surgeon at UC San Diego, testified that two types of surgeries could improve the damage done to Foley's calf, but they would be expensive and not completely repair the injury.

One of the surgeries the 32-year-old Foley has already undergone was a procedure to extend his achilles tendon so he can better put his heel on the ground, Chao testified.

He was called to the stand in trial of Foley's lawsuit against Officer Aaron Mansker and the city of Coronado. Foley is seeking damages for past and future lost earnings.

Mansker testified last week that he fired twice at Foley at the end of a DUI pursuit in front of the athlete's home in Poway, when he was sure Foley was reaching into his waistband for a gun.

The officer said he shot the former linebacker behind the left knee and hip when he got to within 15 feet of him at about 3:30 a.m. on Sept. 3, 2006.

Asked if he thought Foley -- who was not carrying a weapon that day -- might have been reaching for a cell phone, Mansker said no. But he conceded that his plan to follow and try to get the football star to pull over was dangerous.

The officer testified that he spotted the athlete's Oldsmobile Cutlass being driven erratically and swerving on northbound state Route 163 about 3:15 a.m. and began following the car. He did not know the identity of the driver, who he suspected of being under the influence.

Mansker, in street clothes and driving his personal vehicle, said he got close to Foley's sedan and flashed his headlights in an effort to get him to pull over on the freeway. Mansker said he did so even though he told a dispatcher that he couldn't stop the vehicle because he was in his own personal car.

Mansker, who was 23 at the time, followed Foley north on the freeway for 13 miles, and both vehicles exited on Pomerado Road.

Foley told Mansker's attorney in a deposition that he had no idea somebody was following him on the freeway that night.

The officer said he pulled up next to Foley at Pomerado Road and Spring Canyon Road, rolled down the window, identified himself as a policeman without showing his badge, then yelled at Foley to pull to the curb, but Foley drove off.

Foley's attorney, Harvey Levine, asked Mansker why he didn't get out of his car and talk to Foley.

"I didn't think about it at that point," Mansker said. "It wasn't a normal circumstance."

Mansker said he decided to try to get Foley to pull over on Pomerado when he saw sparks coming from the back wheel area of Foley's car.

At another point during the pursuit, Mansker said Foley got out of his car and walked toward Mansker, who identified himself as a police officer and ordered Foley back to his car, which Foley said never happened, according to Mansker's attorney, Norm Watkins.

Foley had a blood-alcohol level of .21 percent or higher -- nearly three times the legal limit for driving -- when he left downtown after a night of partying, Watkins said.

The trial might include testimony from current Charger star running back LaDainian Tomlinson. Potential witnesses also include Charger linebackers Shawne Merriman and Shaun Phillips.

Chargers defensive end Igor Olshansky -- who played with Foley in 2004 and 2005 -- testified last week that Foley was a hard-working, energetic, and dominating player.

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