Authorities announced Wednesday that they would recommend misdemeanor drunken-driving charges against a Chargers player shot by an off-duty policeman during a confrontation in Poway over the Labor Day weekend.
Sheriff's officials said they made the decision following a review of a blood-alcohol test administered to NFL linebacker Steve Foley, 31, the night of his arrest.
The results of the exam were not made public.
Foley, who signed a three-year contract with the Chargers in March 2005, suffered three gunshot wounds when Coronado police Officer Aaron Mansker opened fire outside the NFL player's Travertine Court home about 3:30 a.m. Sept. 3.
He remains hospitalized in fair condition.
Mansker, driving an unmarked car, had followed Foley's customized Oldsmobile Cutlass Supreme to the upscale neighborhood after allegedly seeing it swerving across freeway lanes and traveling at speeds up to 90 mph.
Mansker later told investigators he radioed for backup and several times tried in vain to get Foley to pull over.
The 6-foot-4, 265-pound athlete, who was with a female companion, eventually stopped outside his house, then got out and allegedly confronted Mansker.
When Foley refused to halt and appeared to reach into his pants, the officer fired a round into a bush as a warning, and then shot the football player, according to Mansker.
The officer also opened fire on Foley's companion, Linda Vista resident Lisa Maree Gaut, 25, when she allegedly accelerated the Oldsmobile toward him.
Gaut, who was uninjured, was arrested on suspicion of assault and driving while intoxicated. She has pleaded not guilty to the charges.
The San Diego Chargers have put Foley on their "reserve non-football injury" list, a move that sidelined him for the upcoming season and cost him his $1.65 million salary.
Mansker, 23, will remain on administrative leave pending resolution of investigations into the incident, according to the Coronado Police Department.
He has worked for the agency since August 2005.
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