Foley companion testifies in own defense
By: Staff and wire reports | ∞
SAN DIEGO ---- The woman who was with former San Diego Chargers linebacker Steve Foley when he was shot by an off-duty police officer told a jury Monday that she was scared and unable to operate Foley's car after the football player was wounded near his Poway home.
"I didn't know if I was going to be next," a tearful Lisa Maree Gaut testified, taking the stand in her own defense.
Prosecutors have charged Gaut, 26, with felony assault with a deadly weapon on a peace officer and drunken driving. Prosecutor James Koerber has said Gaut tried to run down off-duty Coronado police Officer Aaron Mansker during a confrontation in which Mansker shot Foley three times. Foley's injuries sidelined him for the season, and he has since been cut by the Chargers.
Gaut has pleaded not guilty and is free on bail. She faces up to five years in prison if convicted.
Foley, 31, is charged with two misdemeanor counts of driving under the influence. He is scheduled to stand trial May 7.
On the stand on Monday, Gaut said neither she nor Foley knew that Mansker, who was clad in street clothes, was a police officer as Mansker followed them on darkened roads and pointed a gun at them as he tried to get Foley to pull over.
Gaut was the passenger in Foley's car in the early morning hours of Sept. 3, when Mansker spotted the car. Mansker has said he suspected Foley might be driving drunk.
As Mansker ---- who was driving his own car --- followed them, a series of stops, starts and at least one verbal confrontation ensued between he and Foley on the streets leading to Foley's home.
Mansker has previously testified that, though he never showed the couple a badge, he verbally identified himself as a police officer.
Gaut testified that she repeatedly tried to stop Foley from getting out of the car and confronting the person who was following them.
"I said this guy's crazy, he's going to do something," the woman testified.
She said Foley told her that he didn't know who was following their car so closely.
"It's nobody. That's what he said," Gaut testified.
The woman testified that Foley was shot when he got out of his car on Travertine Court and walked toward Mansker, who had parked his car at the top of the dead end with his bright lights on.
After Foley was shot, Gaut testified, she told the wounded football player that she was going to turn his 1971 Oldsmobile Cutlass around to help him.
"I couldn't get it into drive to go," Gaut testified. "I couldn't understand why it wasn't going."
The defendant said she finally got the car in gear but drove straight over a curb.
She said he knew she needed to get the car in reverse, all the while being worried that "this guy's going to come over here and shoot me."
Once she backed out of a front yard, Gaut said she once again had trouble getting Foley's car into drive, continually revving the loud engine.
One of the first uniformed officers to arrive at the shooting scene has previously testified that he had to assist Gaut in putting the car into gear to stop it as it rolled down the street.
In addition to the criminal cases filed against Foley and Gaut, at least one civil suit has arisen in the case: Foley is suing Mansker and the city of Coronado.
Jordan Cohen, Foley's attorney in the civil case, said his office is monitoring Gaut's case because it is "intertwined" with Foley's civil suit.
Although he did not personally hear Gaut testify on Monday, he said the truth of the matter is that the couple did not recognize that Mankser was a policeman.
"It's reasonable to believe that the officer didn't identify himself properly," Cohen said, "and their conduct was consistent with that."
Cohen said that Foley has not been subpoenaed to testify at Gaut's trial, but if he is called, he would invoke his right against self-incrimination.
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Yeah wrote on Apr 17, 2007 4:59 AM:Yes, everything Gaut said was the truth, the whole truth and nothing but the truth, so help her... I have some swamp land for sale anybody interested?
Let Her Go wrote on Apr 17, 2007 7:03 AM:Mansker is the menace ... She shouldn't even be on trial!
just wrong wrote on Apr 17, 2007 9:05 AM:Why isn't Mansker on trial? It doesn't matter that he's a "cop"; he didn't show a badge - I wouldn't take anybody's word for it either if it's the dead of night and he's telling me to pull over. Cops are dirty, man.
esteban wrote on Apr 17, 2007 9:47 AM:No Foley is the menace....but Gaut probably won't be found guilty.
You Guys wrote on Apr 17, 2007 11:06 AM:Question: If you were being stalked by an unknown person in a car at 3:30 in the morning wouldn't you as a reasonable law abiding citzen just call the police on your cell phone? And/Or just drive to the sheriffs station in Poway? He, Foley, didn't do that why? Now remember the truth, the whole truth and nothing but the truth!!!
AResident wrote on Apr 17, 2007 3:04 PM:TO YOU GUY'S: You are correct. Foley was under the influence though. He thought he could get home instead. I personally would not of yielded to anyone without a badge and uniform. It's very puzzling that during all the time he called in. Where was a CHP?
Walk a mile... wrote on Apr 17, 2007 6:00 PM:How many stories have you heard about fake police officers stopping motorist and assaulting them? Sports figures and celebrities have to deal with the rude paparazzi and crazed fans which would change the dynamics of any situation. The rookie cop had options also, such as to getting back in his car and waiting for backup. Bright lights in your eyes and a hysterical/worried lady friend would increase stress and invoke a protective posture. Have you ever had to deal with a frantic, paranoid wife or significant other? Foley being a big, tough guy probably thought he could scare Mansker away. Foley has two misdemeanor charges that he has to answer to. The rookie cop made a piss poor decision and escalated the situation farther than it needed to be. Pride, ego and poor judgement was displayed by all involved.
esteban wrote on Apr 18, 2007 8:58 AM:Mansker did wait for back up, but it took too long to get there. That's why he gave up and tried to leave, but ooops...he was in a cul de sac. True, you should not stop for a guy not in uniform claiming to be a cop...but if you are confronted with that situation, it is your duty to call the cops yourself, and/or drive to a police station...which Foley did not. he tried to be the tough guy. Both sides could have done different, but Mansker did nothing criminal.
Walk a mile.... wrote on Apr 18, 2007 7:55 PM:Mansker didn't do anything potentially criminal except shoot an an unarmed citizen... but his day of judgement is coming. Patience is a virtue. He did spend significant time following Foley. What is a few more moments? Where was it stated that Mansker gave up? It appears that Mansker had Foley cornered in a cul de sac in an affluent area. It seems adrenaline clouds a persons judgement as much as alcohol.
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