Tapes from night of foley shooting

[Bronco Billy]

BB the flip side, is that what the cop says happened, is not necessarily a "fact" either, is it? His entire story is shaky and definitely the way it went down, is NOT SOP. C'mon, you're smarter than that.

 

Also, I specifically said REPORTED facts and it's not only the agent saying it, but the National Broadcast Company, a highly respected news source.

 

 

Yeah, but the difference is that you are treating the agent's statement as truth and the crux of your argument, whereas I clearly have admitted that the cop's story seems somewhat dubious and that I was giving him the benefit of the doubt but not taking his story as absolute gospel. NBC didn't name its source - but it is consistent with all the stories that did name the agent as the source. Unless you are contending that an NBC reporter saw the medical report, of which there is nothing in the report to support.

 

Foley was drunk - blood test show he was over the legal limit. That supports the cops story as far as why he tailed Foley. He considered Foley a danger and in violation of the law, and the policy for SD cops is that they act under those circumstances, even if they are out of their jurisdiction or off duty (read that in one of McBoog's links also).

 

The second part of the incident is clearly questionable and should be interesting to see how it plays out. If the cop was approached with Foley making statements like the cops gun wasn't real, after the cop identified himself, then I'll lean towards the cop even if he did use poor judgment. Foley has no business approaching an armed man, especially with his girl in the car, whether he believes the guy is a cop or not. That's just stupidity of the highest order either way. If the gunman is a cop and he menaces, he's going to take a bullet. If the gunman isn't a cop and is impersonating one to get some advantage like a carjacking, he's going to take a bullet. I don't see any rational thought behind an approach either way.

 

If the shots were indeed in the back of the leg, then they need to hang the cop by his buster browns. If Foley's back is turned, he clearly wasn't menacing the cop, and there is no justification for the shooting. But again, based upon my respect for what cops do, and the fact that Foley was drunk, I'm giving the cop the benefit of the doubt until there is proof otherwise. An agent's clearly self-interested report on the matter is not proof, at least not in my mind. And my whole point in posting in the first place in this thread is to make a counterpoint to the people here who automatically blamed the cop for the entire incident.

 

As I stated initially, Foley instigated this through his own actions. It never happens if he doesn't attract the cop's attention by driving drunk, weaving dangerously through traffic - unless you are the sort that considers that this cop just hunted Foley down for kicks and that Foley had done nothing wrong. To consider that point without any evidence to support it bothers me substantially.

Edited September 28, 2006 by Bronco Billy

[AtomicCEO]

If being over the legal limit is justification for getting shot, then I'm gonna start wearing kevlar to the bars.

[Big Score 1]

Yeah, but the difference is that you are treating the agent's statement as truth and the crux of your argument,

I'm going by the two reports BB. While you're fine with arbitrarily dismissing NBC's report (I would want to dismiss it too if I was taking the stance you are, as it certainly does not support the argument you're trying to make), I'm not.

 

And it's not the "crux" of my argument as you say. The off duty cop did not, in any way shape or form, act in a manner that is SOP with any police force in the US that I know of.

 

As AtomicCEO & several others have said, drunk driving is not a crime that warrants getting shot three times, NO MATTER WHERE FOLEY WAS SHOT and trust me, cops pulling over large belligerent drunks IS NOT AN UNCOMMON OCCURRENCE, but our hospitals are not full of these drunks with bullet holes in them, are they?

 

You can spin this however you want BB, but an off duty cop out of uniform, in an unmarked car trying to handle a belligerent drunk without back up, after this cop has followed them for miles and seen for himself that the person was large and did not believe he was a cop is NOT SOP for police.

 

If you're going to try & tell me that this is SOP for off duty cops, give me a link me to a Police manual detailing it, otherwise sorry, I'm not buying what you're selling.

[Bronco Billy]

I'm going by the two reports BB. While you're fine with arbitrarily dismissing NBC's report (I would want to dismiss it too if I was taking the stance you are, as it certainly does not support the argument you're trying to make), I'm not.

 

 

 

You can be going by 100 reports, BS. I could care less. All that matters is that they all are quoting the same source - Foley's agent. Show me where NBC's source is someone different, and then we can have a rational discussion.

 

In any case, the facts in the incident are certainly under dispute, so I'll refrain from rehashing the same argument for the 50th time.

Edited September 29, 2006 by Bronco Billy

[Big Score 1]

You can be going by 100 reports, BS. I could care less. All that matters is that they all are quoting the same source - Foley's agent. Show me where NBC's source is someone different, and then we can have a rational discussion.

 

#1) Like I said, if I were taking the indefensible position that you are, I would be doing everything I could to try and find a way to dismiss NBC's report. Please show me where NBC's report says they are using Foley's agent as their source. Please show me where NBC's report, states that the information contained therein, is unconfirmed.

 

#2) Show me the Police manual that details that the off duty cop's actions, are SOP.

 

Until you can do either of those two things (and you can't), sorry BB, but I'm not buying what you're selling.

 

You can take a pile of stanky poop & wrap it up in pretty paper & tie a neat little bow around it, but guess what?

 

When you unwrap it....IT'S STILL STANKY POOP

[Bronco Billy]

#1) Like I said, if I were taking the indefensible position that you are, I would be doing everything I could to try and find a way to dismiss NBC's report. Please show me where NBC's report says they are using Foley's agent as their source. Please show me where NBC's report, states that the information contained therein, is unconfirmed.

 

 

 

 

Christ, BS, NBC doesn't name anyone as their source in the story, but the information is the exact same information as the one that 2 dozen other stories use with Foley's agent named as the source. You can connect the dots when there are only 2 dots on the paper, can't you? You're claiming NBC has some special knowledge that the other reports don't. Prove it to me, rather than expecting me to prove the counter, which of course is absurd. C'mon, stop playing such a ridiculous game.

 

I'm not dismissing NBC's story - I'm saying it is the same story as all the other storys.

 

[Big Score 1]

Christ, BS, NBC doesn't name anyone as their source in the story, but the information is the exact same information as the one that 2 dozen other stories use with Foley's agent named as the source. You can connect the dots when there are only 2 dots on the paper, can't you? You're claiming NBC has some special knowledge that the other reports don't. Prove it to me, rather than expecting me to prove the counter, which of course is absurd. C'mon, stop playing such a ridiculous game.

 

I'm not dismissing NBC's story - I'm saying it is the same story as all the other storys.

 

 

You're the one who said;

Tell you what, find me a link (that has at least marginal credibility) that Foley's wounds were caused by a gun shot that entered the back of his leg, would you?

I did.

 

You are now trying to find reasons to dismiss / downplay a very credible link because it does not suppport your position.

 

It's not up to me to prove whether or not NBC is reporting something without first confirming it, it's up to you to prove that they did not confirm what they have reported, as you're the one who wants to dismiss / downplay it.

 

And I'm still waiting on a link or copy & paste from a Police manual, showing the off duty cop's actions are SOP.

 

Get back to me when you can do either of the above, otherwise don't bore me anymore with your two step backpedaling Ok?

[Bronco Billy]

You're the one who said;

 

I did.

 

You are now trying to find reasons to dismiss / downplay a very credible link because it does not suppport your position.

 

It's not up to me to prove whether or not NBC is reporting something without first confirming it, it's up to you to prove that they did not confirm what they have reported, as you're the one who wants to dismiss / downplay it.

 

And I'm still waiting on a link or copy & paste from a Police manual, showing the off duty cop's actions are SOP.

 

Get back to me when you can do either of the above, otherwise don't bore me anymore with your two step backpedaling Ok?

 

 

Stop with the dismissive crap. You can't substantiate that the NBC report isn't from a different source, because they don't report their source (which is damn poor reporting). That you think you have placed some kind of argument-ending onus on me to prove NBC's source is the same as all the other reports saying the exact same thing (do a google search, my friend, you'll find dozens of credible reports actually naming Foley's agent as the source) is foolish. You are the one stating that the NBC report is a independent & new information - all I ask is that you verify this, which you can't. I won't debate this point any longer - it is moot unless you can show that someone other than Foley's agent did indeed put forth that information.

 

Here's some more info for you:

 

link

 

( sheriff's Lt. Dennis Brugos, who is overseeing the investigation) said he didn't know whether the officer showed his badge when identifying himself to Foley.

 

Everett Bobbitt, the attorney who will be representing the officer, said, “There's no legal requirement” that a badge be shown when an off-duty officer is pulling over a motorist.

 

Bobbitt would not comment on the badge, but he said an officer who feels the need to use his weapon can't show his badge at the same time.

 

“If you're holding your gun, you're not going to do that, because the proper way to hold a gun is with two hands,” Bobbitt said.

 

As for firing a warning shot, Bobbitt and Brugos said they didn't think it was specifically prohibited.

“Generally, you're not going to (fire a warning shot), but you've got to be in the officer's shoes,” Bobbitt said. The investigators “will look at the whole procedure in context,” he said.

 

link

 

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.”

 

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.

 

Now, I'll be the first one to admit that when there is a discrepancy, the Police & their attorneys provide coverage for their officer. That said, they don't have any less credibility than Foley's agent, who is putting forth Foley's position and is at least as biased as the police officials & their attorneys.

 

And I'll say again, I'm perfectly willing to wait for more information to be put forth based upon facts after a thorough investigation.

 

C'ya.

[Big Score 1]

Stop with the dismissive crap.

I agree with you here.

 

You wanting to dismiss / downplay NBC's report is crap.

Before you can do that, you need to show us that NBC ran that story without first confirming the accuracy of that information.

You can't substantiate that the NBC report isn't from a different source, because they don't report their source (which is damn poor reporting).

Then every news media in the entire world, is guilty of "damn poor reporting" by your definition, as they ALL frequently use unnamed or anonymous sources. Regardless of where NBC got their information initially, again, show me that they did not confirm the informations accuracy, before reporting it.

That you think you have placed some kind of argument-ending onus on me to prove NBC's source is the same as all the other reports saying the exact same thing (do a google search, my friend, you'll find dozens of credible reports actually naming Foley's agent as the source) is foolish. You are the one stating that the NBC report is a independent & new information - all I ask is that you verify this, which you can't. I won't debate this point any longer - it is moot unless you can show that someone other than Foley's agent did indeed put forth that information.

Don't be putting words in my mouth. I never said this was a complete & independent report by NBC. That would be impossible, as other news sources are reporting the exact same thing. I have specifically said multiple times now, that you need to show where this report was run without it being confirmed.

 

You contine to do the two step around that though. I wonder why?

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.”

Policies governing the use of force by off-duty police officers vary by department.

 

#1) What are the governing policies for this particular off duty cop?

#2) What did you edit out with this . . . ?

#3) Where is the "serious threat to life or property" from Foley, when he is on foot walking in the street of a cul de sac?

C'ya.

 

Yeah, that's what I would say if I were you too.

[Big Score 1]

Just an update on Foley & Coronado police officer Aaron Mansker.

 

Former San Diego Chargers linebacker Steve Foley walks these days with a pronounced limp, his left leg damaged and atrophied to the point that walking is a chore and his old profession is a memory. As a result, Foley’s fight has moved from the field to the courtroom.

 

Foley is suing the city of Coronado, Calif., and one of its officers for making his playing career a distant memory. Foley’s suit charges that he was the victim of an unjust shooting by Coronado police officer Aaron Mansker. The trial, which began in San Diego County Court last week, is expected to last four to six weeks.

 

On Sept. 3, 2006, Mansker shot the unarmed player while attempting to make an off-duty arrest of Foley for drunk driving. Foley, who was legally drunk at the time and later pleaded guilty to misdemeanor DUI charges, contends that Mansker never should have been in position to shoot him. Foley’s attorneys are seeking to prove that Mansker violated the police department’s policies and procedures manual.

 

Beyond the court battle and the millions of dollars Foley is hoping to get in unspecified past and future lost wages, the lawsuit brings up an interesting discussion about what is considered proper conduct by off-duty police officers and excessive use of force by police around the country.

 

“The cynical part of me makes me think that this is not the case that’s going to bring up that discussion,” said Dale Franks Jr., who spent 10 years in military police and private security. Franks now writes a blog on the Libertarian website QandO.net and observes police behavior.

 

Franks lives in the northern part of San Diego County and has kept up with the progress of the Foley case, although he doesn’t know any of the people involved. Franks has a harsh assessment of Mansker based on what he’s learned of the officer’s past.

 

“I would have fired him before we ever got to the point he shot someone,” Franks said. “By that time, they should have known they had a cowboy on their hands.”

 

Fortunately for Mansker and Coronado, the jury will likely never find out how Franks came to that conclusion. Much of Mansker’s employment and personal history have been excluded from the trial after the judge ruled that it wasn’t pertinent.

 

In all, Mansker, who was 23 at the time of the incident with Foley, was involved in three police matters while he was off duty in a little more than a year on the job. One such arrest was too many to Franks.

 

“On the first one, I would have given him a stern warning that he’s not supposed to be pulling people over in an off-duty situation. On the second one, I would have fired him,” Franks said. “At that point, with everything you know about him, you know he’s a cowboy and it’s just a matter of time before something really bad happens.”

 

Amongst the info about Mansker that will not be revealed to the jury: That he was reportedly turned down for employment by 10 agencies before being hired by the Coronado police department and that his father was killed by a drunk driver when Mansker was 13 years old. Mansker apparently has a knack for flagging DUI suspects. In March, Mansker earned an award from Mothers Against Drunk Driving after he made 57 DUI arrests in 2007, the most in the San Diego area.

 

While none of that may weigh in the case, there is still a significant question about Mansker’s decision to tail Foley for approximately 20 minutes from downtown San Diego to suburban Poway. Mansker told investigators that he called for backup, but no one responded until after the shooting, according to The San Diego Union-Tribune.

 

According to Franks and five police officers from around the country contacted by Yahoo! Sports, the instruction or policy for off-duty officers who observe a crime is to only get involved in the most dire of situations.

 

“Our general policy for off-duty officers in dealing with a situation is that unless action is needed to insure the safety of everyone involved, off-duty officers should request on-duty personnel,” said officer Bill Cassell of the Las Vegas Metropolitan Police Department.

 

Said another officer who requested anonymity: “Optimally, what you do if you see someone you think is a drunk driver is follow the driver, call for assistance and act as a witness. You do not make the arrest. Not at all.”

 

Mansker’s attorney, Norman Watkins, told the Union-Tribune his client was merely doing “his duty.”

 

During the trial of Foley’s female companion, Lisa Gaut, in April 2007, Mansker testified he did not show his badge but verbally identified himself as a police officer. However, California law expressly states that citizens do not have to stop unless the officer is in uniform and in a marked police car.

 

Once at Foley’s home, the situation escalated to the point that Gaut tried to run down Mansker, who fired warning shots and then shot Foley in the hip and left knee.

 

Mansker claims Foley reached to his waist and Mansker believed Foley was pulling a gun. Mansker claims Foley then charged him. The San Diego County District Attorney backed Mansker’s claim that the shooting was legitimate when the DA declined to press charges against Mansker in December 2007.

 

However, Foley’s attorneys claim that Foley’s wounds show he was shot from behind.

 

Regardless of the outcome, Foley’s life is forever changed.

 

“Steve’s career is over, his life has been irreparably impacted,” said attorney Jordan Cohen, who represents Foley. “Look, Steve did something wrong and he deserved to be punished, no one is disputing that. But that doesn’t mean he deserved to be shot.”

[Hat Trick]

Just an update on Foley & Coronado police officer Aaron Mansker.

 

 

 

The cops actions are disturbing if you ask me. Foley did not deserve to be shot.

[The Irish Doggy]

Foley was drunk. Mansker was a rogue cowboy. I won't lose sleep over either of them.

[Swiss Cheezhead]

The bottom line here is that we should be able to hold our policemen to a higher standard. Guys like Mansker -- especially if he gets off clean -- make that REALLY difficult.

[WaterMan]

South Carolina Highway Patrol run over people and these police just stalk a victim slowly then shoot them. I guess that fixes over crowded jails for them.

[McBoog]

OOOOOOO this doesn't look good!

 

Lawyers for former Chargers linebacker Steve Foley say the Coronado police officer who shot him was immature, and was on a personal “crusade” against drunken drivers, which led him follow several motorists while off duty, according to court documents...

 

...Foley's lawyers contend that 10 law enforcement agencies rejected Mansker, because of his “immaturity,” before Coronado hired him. They cite as evidence his MySpace page in which he exhibits an “over-identification” with Superman, a fictional crime-fighter...

 

...The lawyers also note that while a community service officer at Palomar College in San Marcos, Mansker was reprimanded for making decisions based on “emotion instead of careful thought.” ...

 

...The city also wants the judge to exclude evidence about Mansker's father being killed by a drunken driver, and two previous incidents in which Mansker – while off duty – followed motorists he suspected of driving under the influence.

Mansker did not make contact with the drivers in either of those incidents, according to the documents. Officers who pulled over the drivers found that they were not under the influence, the documents say.

 

Mansker testified in San Diego Superior Court that he reported information to dispatchers as he tracked Foley in his car from downtown San Diego to Poway. But the officer conceded yesterday that he didn't alert dispatchers when he decided to order Foley to pull over.

 

Mansker also testified that he didn't tell dispatchers, or sheriff's deputies who arrived at Travertine Court less than a minute after the shooting, that he thought Foley was armed. Mansker said he fired his gun because he believed, wrongly, that the football player had a weapon.

 

Filed Court Documents re: Foley Case. Check out the section where he gets caugt and admonishedc for driving in excess of 90 MPH in the same Mazda he pulled Foley over in.

 

It is BOZOs like this turd that make cops everywhere look bad! I know the CIty of Coronado does not need a dipwadoodle (self-filtering ) like this representing them. I know some of the guys from that Dept. and I can't believe a 10 time reject got hired by them!

 

The way he runs, he is as much a danger to himself as he is to the community!

[WaterMan]

Really sad individual.

[tazinib1]

I've stayed out of this thread because of my INTENSELY BIASED opinion on Mansker. Having lived in Coronado during the time of this incident, I have personal knowledge of what a piece of crap he is. I lived in Coronado for 2 years with this incident falling right in the middle of my short stint there. Mansker was VERY WELL known in the local bars for parking his POV 1-2 blocks and watching as the bars would let out. Having served my final 4 years in the Navy as an Military Police Officer at NASNI Coronado, I was fully aware of who was on the force and who the El Guapos were. Mansker was definitely not well liked on the island. Not just by the bar crowd, but in general was looked upon as a "HEADLINES" getter. Anyway..I hope that piece of crap gets whats finally coming to him.

[westvirginia]

Really sorry individual.

 

Yep, Mike Vick is.

[Swiss Cheezhead]

At this point, I don't know how you can ignore the evidence mounting against this cop. Mansker is just lucky Foley wasn't a really good player in his prime.

Edited July 2, 2008 by Swiss Cheezhead

[geeteebee]

ESPN reports that Foley settled with the pig and the city. Financial terms are confidential, but I would have to believe he got paid pretty well.

[tazinib1]

ESPN reports that Foley settled with the pig and the city. Financial terms are confidential, but I would have to believe he got paid pretty well.

 

Believe it. Coronado is one of the richest cities in the nation.

[Big Score 1]

I'd be willing to bet my left nut that Mansker won't be on the Coronado Police Force much longer & I'd be very surprised if he's ever be hired by any other Police Force.

 

Welcome to the wonderful world of Renta-Cop's Mansker , because that's all you'll ever be from here on out (no offense intended to any honorable & hardworking security personel out there)....oh!....& one other thing...consider yourself darn lucky you're not Bubba's Biatch for a coupla' years first.

[tazinib1]

By Dana Littlefield

UNION-TRIBUNE STAFF WRITER

 

and Angelica Martinez

UNION-TRIBUNE BREAKING NEWS TEAM

 

12:07 p.m. July 2, 2008

 

BRUCE K. HUFF / Union-Tribune

Steve Foley is held back by his mother, Betty, during the trial which was settled today. Foley was staring down Aaron Mansker, as Mansker sat at the rear of the courtroom, at one point moving toward him.

Recent & related:

 

* Surgeon: Foley likely done with football due to shooting

* Google: Latest stories on Foley trial

* Photo gallery

 

SAN DIEGO – A conditional settlement was reached Wednesday morning in a civil case involving former Chargers linebacker Steve Foley and the Coronado police officer who shot him nearly two years ago.

 

The terms of the agreement are confidential.

 

After meeting with the attorneys in his chambers, San Diego Superior Court Judge Richard E. L. Strauss dismissed the jurors, who had been hearing testimony in the high-profile case since the trial began June 19.

 

Before dismissing the jury, the judge said that as cases go, this had been “one of the more interesting ones.”

 

“I think we were very satisfied with the presentation of the facts and the resolution of the case,” said Harvey Levine, one of Foley's lawyers, outside the courtroom. Levine explained that Judge Lawrence Irving had been acting as a mediator in the case and sat in on much of the trial.

 

“The parties at this point agreed to follow Judge Irving's recommendations,” Levine said.

 

Norman Watkins, one of Coronado's lawyers, said it's “a good thing” that the parties were able to resolve the case. When asked why a settlement was reached at this stage of the trial, he said: “It's just the right time.”

 

Foley was shot in the left knee and hip the morning of Sept. 3, 2006, during a confrontation with off-duty Officer Aaron Mansker near the athlete's Poway home. Foley's injuries ended his career as a professional athlete.

 

He sued Mansker and the city of Coronado, contending that the officer violated the tenets of his training and the police department's policies and procedures when he tried to get Foley to pull his car over.

 

Mansker testified he followed Foley, who was driving a customized 1971 Oldsmobile Cutlass, from downtown San Diego to Poway because he suspected him of drunken driving.

 

Foley pleaded guilty to misdemeanor drunken driving charges last year and was placed on five years' probation.

 

Mansker testified he identified himself as a police officer repeatedly to Foley and his female companion during the incident, but never showed his badge. He said he shot the athlete during a final confrontation on Travertine Court, when he saw Foley reach toward his waistband.

 

Foley was not armed.

 

Foley was scheduled to testify Wednesday in court. It would have been the first time he has told his story in public.

 

 

Advertisement

Throughout most of the trial, Foley had remained stoic, sitting silently in his seat in the courtroom next to his team of attorneys. But he was noticeably upset Wednesday morning, before the jury was called in. He paced around the plaintiff's table, staring angrily at Mansker who was seated near the courtroom door.

 

Foley was asked to walk back to the judge's chambers with his attorneys, but several minutes passed before he would comply. Some coaxing from his mother, Betty, appeared to help.

 

“It's an important case to him,” said Jordan Cohen, another of Foley's lawyers. “A lot of facts came out in the trial that hit nerves in him. His emotions are raw.

 

“He's had a lot at stake and he's had a lot taken from him.”

 

Foley did not speak to reporters after the settlement and left the courtroom through a rear exit.

 

Randy McClellan, a 55-year-old Clairemont resident who served as an alternate juror, said he believed Foley was wrongfully shot by Mansker given the evidence he had heard so far.

 

“I believe the officer was way out of line,” McClellan said. “I believe Mr. Foley should be compensated for what he went through. It pretty much ended his career and he's a great football player.”

 

During the trial, Foley's lawyers did not request a specific dollar amount in damages, but they did go over some numbers they said corresponded to Foley's past and future medical expenses and lost earnings.

 

McClellan recalled hearing the lawyers discuss $10 million figure, an amount he said would be a justified compensation.

 

“Considering what he was making as a football player, that would be reasonable,” he said.

 

Among the evidence that convinced McClellan in Foley's favor, was doctors' testimony about the injuries Foley suffered.

 

Foley “made a mistake by drinking and driving but he's paid for that already and I think the officer was way out of line so they should pay,” he said.

 

Earlier this week, Dr. James Chao, a San Diego plastic surgeon, told the jury he helped with Foley's treatment after the shooting.

 

Chao testified that Foley suffered severe swelling of muscles in his lower left leg as a result of his wounds. To prevent further trauma – and the possibility of amputation – doctors made long incisions in the leg that were later repaired with skin grafts.

 

Chao said the surgeries were successful, but the former athlete will have significant physical “deficits” for the rest of his life.

 

An orthopedic surgeon testified that the bullet wound to Foley's left knee damaged nerves that govern function of his left calf, ankle and foot. He said the injuries would likely prevent Foley from being able to play professional football or even from working as a position coach, because he wouldn't be able to demonstrate techniques to other players.

 

Two of Foley's former teammates – Igor Olshansky and Lorenzo Neal – testified that Foley was a “student of the game,” a hard worker and motivator for his fellow football players.

 

“That's how you stay in this league as long as we have,” said Neal, who played with Foley for the Chargers and the Cincinnati Bengals. “Steve works hard off the field. You can't just go out there and turn it on.”

[Chargerz]

$10 million is alot of money, but I'm sure Steve Foley would like to have his body at 100% and his football career back. A sad case. I will miss watching him play defense for the Chargers.

[Chargerz]

The latest news on the Foley case.....

 

--------------------------------------------------------------------------------------------

 

FOLEY TO GET $5.5 MILLION

 

Council approves no-fault settlement

 

By Dana Littlefield, Janine Zúñiga and Karen Kucher

UNION-TRIBUNE STAFF WRITERS

 

July 8, 2008

 

CORONADO – Former Chargers linebacker Steve Foley, whose football career ended when he was shot by an off-duty Coronado police officer, settled his lawsuit against the city and the officer for $5.5 million, attorneys said yesterday. The Coronado City Council unanimously approved the award in closed session yesterday afternoon.

 

“The City Council is satisfied that this dispute is resolved,” Mayor Tom Smisek said.

 

Foley, who was wounded by Officer Aaron Mansker, formally agreed to resolve the case July 2, two weeks into a civil trial in Superior Court. The amount of the settlement was not disclosed when the agreement was first announced.

 

The settlement is a no-fault agreement that resolves all past, present and future claims made against the city by Foley. The city's $100,000 deductible will be applied to the settlement and insurance will cover the rest. Each side will pay its own attorneys fees and trial costs.

 

Mansker is indemnified under the government code, so none of the settlement will come out of the officer's pocket.

 

For Foley, the lawsuit was about vindication, his agent said yesterday.

 

The agent, David Levine of Weston, Fla., said Foley does not intend to talk about the settlement with the media.

 

“What people don't realize is that this was a traumatic experience for him,” Levine said. “He does not have a desire to talk about it.” Foley agreed to the sum of the settlement, but Levine indicated that his client was not necessarily pleased by it. “They say a good settlement is one when both parties go away unhappy,” Levine said.

 

The agreement calls for the city to pay Foley $1.2 million 30 days after he signs the agreement, which is expected Thursday, Coronado City Attorney Steve Boehmer said.

 

Fifty percent of the remaining amount will be paid in October and the other 50 percent in November.

 

Boehmer said the city spent $688,000 before the case went to trial. He didn't provide costs after the trial began.

 

Foley, 32, sued Mansker and the city after he was shot in the back of his left knee and hip the morning of Sept. 3, 2006, during a confrontation with Mansker near Foley's Poway home.

 

Foley later pleaded guilty to a misdemeanor drunken driving charge and was placed on five years' probation.

 

Foley's attorneys contended during the civil trial that Mansker, a 23-year-old rookie at the time of the shooting, violated his training and department policy when, instead of just following Foley, he decided to get the football player to pull over.

 

Boehmer said Mansker returned to regular duty six months after the incident, when he was cleared of any criminal charges related to the shooting by an internal investigation and the District Attorney's Office. Mansker remains a Coronado police officer.

 

Coronado's policy on similar situations was revised shortly after the shooting to read that off-duty officers may follow and report, but they must wait for a marked vehicle and uniformed officers to arrive, Boehmer said.

 

The day the settlement agreement was announced in San Diego Superior Court, Foley had been scheduled to testify. He was clearly upset in the courtroom and glared at Mansker, who was seated near the door of the courtroom.

 

Jordan Cohen, one of Foley's attorneys, said that Foley was mad at Mansker, not about the settlement,

 

“This is the end of a chapter in a way,” Cohen said yesterday. “It's a very difficult decision to resolve a case. It's also difficult to let it run and go to a jury.”

 

The settlement was reached with the help of retired federal Judge Lawrence Irving, who acted as mediator.

 

Boehmer said Coronado's initial offer was $3.5 million. He said Foley's attorney countered with $9.5 million. He said both parties agreed to $5.5 million about 9:30 p.m. the day before the settlement was announced.

 

Among the issues that were discussed, Cohen said, was evidence that would likely be presented in court once Coronado presented the bulk of its evidence. Some of that testimony would have focused on Foley's DUI conviction and possibly his previous arrests.

 

Foley pleaded guilty to drunken driving in Louisiana in 1999.

 

“The degree to which he would have been responsible would act to reduce his award,” Cohen said.

 

Shortly after the settlement was announced, Foley returned to Houston where he lives with his 11-year-old daughter.