SAN DIEGO: Ex-Charger settles with Coronado over 2006 shooting
Details of agreement with Steve Foley not available
By North County Times wire services | ∞
SAN DIEGO ---- Ex-Charger Steve Foley reached an undisclosed settlement Wednesday in his case against the city of Coronado and a rookie off-duty officer who shot him at the end of a drunken-driving pursuit nearly two years ago.
The surprise announcement came in the third week of testimony in the trial in which Foley, 32, was seeking millions of dollars for past and future lost earnings over a 2006 Labor Day weekend confrontation that left the then-player with three gunshot wounds.
Foley, who was near his Poway home when he was shot, has never told his side of the story in a public forum. The settlement came early on the same day it was anticipated the former starting linebacker would take the stand.
The police officer who shot him, Escondido resident Aaron Mansker, has testified numerous times, including as recently as last week, about the confrontation.
The shooting ended Foley's NFL career. It also fueled debate over shootings by off-duty officers, and last year led county officials to adopt policies for officers who are confronted with crime while off the clock.
Foley was suing for battery, excessive force and negligence.
Terms of the settlement brokered by retired Judge Larry Irving were not disclosed. The dollar amount should become part of the public record when the city approves the settlement.
"It's a good thing that the parties resolved this. It's the right time," said Norm Watkins, attorney for the defendants.
Before the settlement was announced by Superior Court Judge Richard Strauss, Foley stared angrily at the man who shot him, Mansker, who was in the courtroom.
Foley's mother, Betty, eventually persuaded her son to go into the judge's chambers and talk to Strauss about the settlement.
Foley's lead attorney, Harvey Levine, told reporters that Foley was probably thinking about the totality of events that led to his crippling injury at 3:30 a.m. Sept. 3, 2006.
"He was looking forward to describing to the jury the facts of the evening," Levine told reporters.
Foley left through a back door without speaking to reporters.
Mansker had been on the job with the city for 13 months when he shot Foley. It happened after the officer ---- in street clothes and driving his personal car ---- spotted Foley weaving and speeding. Fearing Foley was a threat to others, Mansker has testified, he tried to pull over Foley on suspicion of drunken driving.
Mansker testified during the civil trial that he had not followed police department policy in choosing to confront Foley, who was not armed.
Foley subsequently pleaded guilty to misdemeanor driving under the influence.
Mansker was cleared last year of criminal wrongdoing; county prosecutors found that he had acted in self-defense.
Levine said Foley, who now lives in Houston, is planning to return to college to complete his degree in sociology and continue as a full-time parent to his 11-year-old daughter.
Foley's attorney said the two sides decided to take Irving's advice to settle the case and "put an end to this long and intense litigation."
"I think we were very satisfied with the presentation of the facts and the resolution of the case," Levine said. "The parties at this point agreed to follow Judge Irving's recommendations."
Only Foley's side of the case had been laid out for jurors when the panel was dismissed. The settlement ended the trial before the jury heard from witnesses for the defense, save for Mansker, who was called to the stand by Foley's attorneys last week.
Alternate juror Randy McClellan told reporters that Mansker's actions were "out of line."
"I believe Mr. Foley should be compensated for what he went through," the juror said. "It pretty much ended his career, and he's a great football player."
McClellan said a $10 million settlement would be justified for Foley.
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I wonder what the wrote on Jul 2, 2008 12:33 PM:undisclosed amount that will be paid to Slvia over the White shooting? A gazillion I am willing to bet.
Good Grief wrote on Jul 2, 2008 12:46 PM:Glad this is over and we have to pay higher taxes and fees I guess. I don't believe either side told the truth, but I also would not want to 'guess' anything. Why was the officer driving at 3 a.m? Just getting 'off work?' So, Foley will 'now' be a parent with his windfall? That smells.
Cops need to take responsibility wrote on Jul 2, 2008 12:47 PM:Give the man lots and lots of money. Perhaps then and only then stupid trigger happy cops will think twice before shooting at people. This is happening to often. Cops need to be held responsible for their actions not the taxpayers.
Lesson Learned wrote on Jul 2, 2008 12:51 PM:I hope Foley has learned not to drink and drive..Small price to pay when he could have killed someone. Football or not doen't excuse you for drinking and driving!!
effer wrote on Jul 2, 2008 1:01 PM:The seventy fifth pick in the draft will now have more money than he could have ever dreamed of earning as a mediocre player. He should be grateful to Mr. Mansker. All that as a reward for getting behind the wheel of a car while drunk ... . Thank god Foley didn't kill anyone with his car that night
effer wrote on Jul 2, 2008 1:08 PM:The seventy fifth pick in the draft will now have more money than he could have ever dreamed of earning as a mediocre player. He should be grateful to Mr. Mansker. All that as a reward for getting behind the wheel of a car while drunk ... Thank god Foley didn't kill anyone with his car that night.
I agree... wrote on Jul 2, 2008 1:18 PM:with Cops need to take responsibility. I wouldn't have pulled over either if an unmarked car tried to get me to stop these days. I have followed drunk drivers before and called 9-1-1 takes about 7 minutes to get the highway patrol. I have given the description of the car and a license plate if I was able to get the info. safely. Why didn't this officer call for back-up?!! If the officer was in fear for his life than he should have stayed in his vehicle.
I agree with I agree wrote on Jul 2, 2008 1:32 PM:I would not stop for an unmarked car either. This entire case is highly suspect. The cop should have used his critical thinking training instead of his gun. The reaching in his waistband for a weapon excuse is as old as dirt stop shooting people, damn it!!!!
Foley is a crook wrote on Jul 2, 2008 2:22 PM:The officer did call for back up both to SDPD and the SDSO as he continued to follow the drunk who was almost crashing into othercars! So when a thug trys to charge you and is builkt like a wall, you proetct yourself! Held accountable! Give me a break! The oficer made a tough situation that was elevated by this proven thug! Lawyers spin the mess to9 win money that'sit! The police offcier was acting the interest of allof us, except those who already hate the police because they condone this activity of driving drunk! Foley will raise his child without a wife? How typical!
RG wrote on Jul 2, 2008 2:59 PM:Getting drunks off the road is an honorable goal. But the way Mansker was trying to do it is unconscionable. I hope other young, rookie off-duty cops use more professionalism than shown by Mansker.
Missing in Action wrote on Jul 2, 2008 3:23 PM:Where is Esteban? Funny how things don't go his way and he hides with his head in the sand. Foley received a fair settlement for Mansker's lack of decision making. Foley may have been drunk and he pleaded guilty and completed his obligation to the State for his crime. Mansker was let go by a bias District attorney Bonnie Dumanis.... Once the evidence is presented to an unbias jury, the City of Coronado know that Mansker was wrong that evening and now have to pay a hefty fine... Way to go Mansker... You cost the citizens of the City you swore to protect an enormous sum of money because of your lack of training. If Bonnie did her job correctly, then mansker would be behind bars right now also..... What a shame when the District Attorney sides with the wrong....
Taxpayer wrote on Jul 2, 2008 3:31 PM:What a rip off! Foley is nothing but a drunk athlete that has gotten away with breaking the law ... . Now he gets paid off again for breaking the law, again. Go back to Texas and we'll all be better off in this county!
Hey... wrote on Jul 2, 2008 3:32 PM:Yeah, where is the Esteban? As he would say, we have warmed up the crow for him!!
K wrote on Jul 2, 2008 3:52 PM:In response to this comment:
Cops need to take responsibility
[-] wrote on Jul 2, 2008 12:47 PM:
Give the man lots and lots of money. Perhaps then and only then stupid trigger happy cops will think twice before shooting at people. This is happening to often. Cops need to be held responsible for their actions not the taxpayers.
---------------------------------
My husband is a CHP officer and if it came down to him or the other person, I would chose him. If his life is EVER threatened on the job and he has no choice but to shoot the suspect or die. I will be thankful to know that he shot the bastard. YES, cops have to be responsible, but in life threatening situations, they react on instinct and training and it doesn't matter who the perp is, whether it is a celebrity, or a regular person. I respect what cops have to go through everyday, because I live in fear that one day, he may not come home to me. So don't judge the actions of 1 cop to all the other hard-working cops out there on the streets protecting our lives. That's just being stupid!!!
Concerned One wrote on Jul 2, 2008 4:03 PM:I choose to evaluate these officer involved shootings on a case-by-case basis. In this one, I see the officer at fault. I believe I've read all the accounts, however, I've never read some of the facts that the blogger at 2:22 came up with. From what I've read, Munsker should have been kicked off the force for what he did. Regards, C-1.
To Taxpayer... wrote on Jul 2, 2008 4:12 PM:This Mansker was nothing but a cowboy who thought he was someone with a gun. If you think it is a rip off, then take your complaint to the city who hired this guy.
thanks mansker wrote on Jul 2, 2008 4:51 PM:like i wanted for us(i live in coronado)to pay for his and your DUMB actions!
Be thankful you ingreats wrote on Jul 2, 2008 5:03 PM:It is so easy for people to say that cops are evil and all.
YOU DO THE JOB THEN!
Most people do not have the stones to wear the badge and protect. Sure, there are a few bad, but most do it out of honor and duty.
RG wrote on Jul 2, 2008 5:06 PM:Gee, did I miss something, K? I haven't read one single comment here where anyone has said ALL cops are out of line. We're discussing the merits of ONE cops behavior, Manskers. Would YOU pull over in the middle of the night because some crazy is behind you flashing his lights, in his own car, no uniform, no badge, waving a gun? Mansker is lucky HE didn't get shot for that behavior. Self defense can work both ways.
Past Is Prelude wrote on Jul 2, 2008 5:17 PM:Something tells me we have not heard the last of Foley. What will be the next thing on his rap sheet?
esteban wrote on Jul 2, 2008 6:33 PM:I'm right here anticops!!!! Glad you missed me, but my life doesn't revolve around these blogs like some of you losers. This is no shock. It's cheaper for cities to settle than go thru the rest of the process. Seems Foley's lawyer didn't want that ghetto drunken thug up on the stand to screw his case up. So settling was no shock. Any cops would rather be "tried by 12 than carried by 6". And Mansker was tried by 12...so at least he got to go home that night. Bottom line is, that Foley was in the wrong, Mansker had every right to do what he did, and you anticops are still no smarter than yesterday. Good 'ay!!!!
safety first wrote on Jul 2, 2008 7:40 PM:Mansker was out of line. Period! Foley was wrong for drinking and driving. Mansker should have gotten a description, license plate and followed from a distance to keep responing officers appraised of Foleys location. Let those in uniform handle the situation.
Just a guess wrote on Jul 2, 2008 8:29 PM:I bet he will clear around 6 mill after the 33 percent for his lawyer. and taxes. Probably very close to what Silva and her son will get.
To Concerned one and others wrote on Jul 2, 2008 8:43 PM:I too evaluate these cases on a one by one basis. But I do so with facts. I read the facts (if that's what you call newspaper articles). Including the printed news articles clippings of the 911 tapes of the officer requesting assistance and SDPD and CHP transferring his calls. I would have driven away, leaving the drunk, but fortunately this officer did the right thing. Foley was lucky he just got a bullet in the leg and now some money. He could be in jail the rest of his life for killing someone. I hope someone reprints those 911 tapes. SPDD and CHP have some splainin to do.
Well wrote on Jul 2, 2008 9:03 PM:Seems that Foley was conveniently 'reaching for his waistband' so he deserved to be shot. But why would he reach for it when there was NOTHING there? Nothing. Mansker made an excuse. From what was said in court, Mansker said 15' away, but the shell casings were 45' away? hmmmmm...... I know a semi-auto tosses casings a ways, but 30'? No. Mansker screwed up playing vigilante.
I heard wrote on Jul 2, 2008 10:47 PM:I heard Foley settled for 100k because that is all he could get...
JimmyCrackCorn wrote on Jul 2, 2008 11:12 PM:Seeing that Mr. Foley was none too happy about ending this trial, and the timing being just before this genius was to take the stand, I'm guessing his lawyers thought better of it, and took whatever Coronado last offer was. They got the chance to hear all the stuff leading up to this, and figured Foley would just stick his foot in his mouf. Plus, his civil testimony could come back to bite him in the criminal case. This was well thought out by his lawyers, and no doubt what they planned to do all along.
Judge wrote on Jul 2, 2008 11:35 PM:Mansker shouldn't qualify for a job as a rent-a -cop. Coronado screwed up big time. Foley is not a saint but he deserved this settlement.
Jeff wrote on Jul 2, 2008 11:51 PM:I can only hope that some of the money for this settlement is paid by Mansker personally, if not then only the city taypayers suffer for his lamebrain actions. Esteban if Mansker testified that it was bright daylight when he shot Foley I bet that you'd believe him, that river in Egypt works both ways!
I need the money wrote on Jul 3, 2008 6:37 AM:Police officers on duty or off, please shoot me while I am pulling out my hankerchief from my back pocket to blow my nose, PLEASE?
Wait a Minute wrote on Jul 3, 2008 7:35 AM:For those of you who have the opinion that it was Foley who "caved" just before testifying, you have it backwards. Foley is the PLAINTIFF here; he doesn't make settlement offers, he accepts or rejects them. The more likely scenario is that the defendant's attorneys upped their offers just before Foley testified because they knew his testimony would seal their clients' fate.
DeepPockets wrote on Jul 3, 2008 8:35 AM:Cheaper to settle the lawsuit than to continue to compound the cost to defend the City of Coronado. This stuff happens all the time, yet to the unknowing, it appears as an admission of wrongdoing.
I've seen cases where crooks shot at officers only to have those officers return fire, kill the crook, and later the crook's family sues. Give 'em $10,000 and they go away and tell the media that the municipality admitted they were wrong (I have $10 grand to prove it) when it fact it costs more than $10,000 just to go to trial.
(A former risk manager)
RG wrote on Jul 3, 2008 8:50 AM:Mansker's history is replete with poor choices and his web site indicates his obsessions. He has admitted his actions were dangerous and contrary to police policy. His attorneys know he was way out of line and they can't win this case. The city of Coronado wants to just have the taxpayers pay the bill and get this whole mess behind them. Seems the only one left whipping this dead horse is esteban who said, and I quote from his 6:33PM post: "Mansker had every right to do what he did".
Allright wrote on Jul 3, 2008 8:55 AM:Captain Esteban, glad you could make it here SIR! Let me drive you home, my squad car or yours, SIR? Just joking, actually I am very pro police.
esteban wrote on Jul 3, 2008 9:11 AM:Yes, RG...he did have every right to do what he did. In the dead of the night in the middle of a situation, he felt threatened and took appropriate action. yeah it cost the city, but mansker defended himself and is alive. Now, after the fact, you all know Foley was unarmed...but in the heat of the moment, Mansler didn 't know that. So he reacted. You don't have to wait to see a gun to defend yourself. That is where you dumb anticops are wrong.
if foley wrote on Jul 3, 2008 9:38 AM:settled that hsould tell you his case was faltering. A man who was suing for 60 million would have stayed the course. Something tells me he got 2-3 million which is really nothing. I believe he took that because he knew he was in danger of getting nothing. We'll have to wait and see. ...
reaching in waistband excuse wrote on Jul 3, 2008 9:50 AM:If you think it's an excuse, here it is an idea. become a cop and let every crook you encounter in the street reach for their waistbands then we'll see how long you will last!
we'll read about how you left a wife and child behind. We'll read bloggers just like YOU, finding an excuse for the crook who shot you! Some bloggers would critize the way we mourn you, they will complain about the amount of money "wasted" on your funeral!
Chris wrote on Jul 3, 2008 9:59 AM:JimmyCrackcorn:
... Foley would have taken the stand and more than likley his version of events would have matched the actual evidence collected in the case. Mankiller on the other hand didn't have squat, shot in the back of the knee and hip when Foley was supposed to have been coming towards him. Shell casings don't fly 30' from the weapon when ejected. I know this for a fact I was a Military Cop. His own Policys and Proceedures were not followed. He didn't show his badge and he expected Foley to pull over. My guess is that Foley would have stated the obvious; would anybody pull over for someone that didn't ID himself as a cop? Does it matter what time of day or night it is. There are a lot of jacked up cops out there I would not take the chance. The only thing mankiller had to do was follow him home and tell the uniformed officers what he saw. No trial, and he would still be employeed.
law dog wrote on Jul 3, 2008 10:29 AM:first of all foley has a past that most you of you would run from he is a gangster with speed so he got drafted. mansker is a great guy i have meet and worked along side him a few times good job mansker keep the streets safe nfl players are not above the law oh and by the way mansker has suffered from death threats to his wife,child and was forced to move from his home so who is the real victime here
Greg in Oceanside wrote on Jul 3, 2008 10:57 AM:Being an 'armchair quarterback' like many others who have commented, if I was in Mansker's situation, I probably would have done things a little dirrerently, especially regarding identifying myself as a police officer by clearly showing my badge, and ensuring back-up was present BEFORE shooting 'in self defense.' In fact, I would have gotten back in the car and kept an eye on Foley until the back-up arrived.
This Foley character is in other legal trouble. In March 2008, Foley was charged with a felony after two of his pit bulls attacked a neighbor and killed a puppy near his Houston, Texas home. He is accused of failing to secure his dogs. Hmmm, has pit bulls? Reminds me of another NFL player who had an affinity for dogs.
Randy wrote on Jul 3, 2008 11:49 AM:Was the settlement for $10 million? When will the police officer be promoted to his level of incompetence?
Cardiffian wrote on Jul 3, 2008 1:23 PM:The responses here are quite humorous, and I have to say very few people here are looking at this particular event objectively. Tons of generalizations and extrapolations made to bolster or support one's view or define another posters position. Mansker, by his own admission, violated protocal and regarded his actions as dangerous. What more does a jury have to hear? It's over! It doesn't matter if Mansker shot Mother Teresa or Jeffrey Dahmer. It's over! The settlement was probably based on the requested award times the probability of a successful outcome today, with a premium to avoid hazards of litigation, and a discount on time value of money.
To Greg in Oceanside wrote on Jul 3, 2008 1:43 PM:You are aware that Mansker drove off to avoid a confrontation and that Foley cornered him in a cul-de-sac, right?
to reaching in wasteband excuse wrote on Jul 3, 2008 1:49 PM:Just as a matter of information, the DA's report on the incident indicates Foley was wearing a Blackberry on his waistband, and that the Blackberry received an incoming call at precisely the time of the incident. So those other posters who think the 'reach' was made-up are most likely wrong.
Foley didnt wrote on Jul 3, 2008 2:08 PM:Foley didn't put Mansker in that situation, Mansker put himself in that situation. He followed Foley into areas that everyone knows is full of cul-de-sacs, then he got out of his car on his own. I have been in plenty of cul-de-sacs, and have never found one that is that difficult to get out of, even if there is a car in the way. Then Mansker can seem to distinguish the difference between 15'and 45', didn't both showing his badge, etc, etc. I would not stop for someone yelling at me from an unmarked car in the middle of the night either, probably even if they did show a badge. Then at least one if not two of the bullets entered Foley from behind. It just doesn't sound like as big of a dire situation as Mansker made it out to be. I am no Foley fan, actually I could care less about him and know he is not a model citizen, but we don't need rogue cops running around shooting people, even though I realize this is an extraordinary situation and not the norm for the police.
To Foley didnt wrote on Jul 3, 2008 3:09 PM:Let me correct you, Foley did put himself in that situation, he was drinking and driving, just because he is a member of the National Felons League, doesn't make him exempt to the laws.
Easy for you to second guessed Mansker right now, but if Foley would have kill one of your family members, you would have a totally different view about this incident.
I honestly have no problem with what Mansker did. 17,000 people died in 2006 in DUI related incident and that's not including non fatals, Foley gets no simpathy from me!
Better him than me or you!
why is DUI illegal wrote on Jul 3, 2008 3:54 PM:I drive BETTER when ive been drinking...we need to change the laws
TUNKLE BUB wrote on Jul 3, 2008 4:16 PM:Foley was wrong. Big shot football guy has admitted he was DUI. But still.....shoot him because he reached .....? When it's all said and done the rookie cop was WRONG to do what he did. He should have called for a squad car with uniformed officers in it and let them handle it.
Floyd wrote on Jul 3, 2008 5:35 PM:Don't forget that Foley was able to drive all the way home without an accident. It was Mansker who was stalking Foley, Mansker who pulled a deadly weapon and Mansker who injured an unarmed citizen.
To Tunkle Bub wrote on Jul 3, 2008 5:39 PM:For the 30000 times, he did call for a squad car but there were no available, it was either let a drunk driver go or take action.
TO To Tunkle Bub wrote on Jul 3, 2008 6:22 PM:Then if he couldn't get back up by uniforms, why didn't he back down out of safety? Safety was not on Mansker's mind, retribution was. He even began a high speed pursuit in an unmarked car, that in itself is a big disregard for safety. Revenge can severely cloud judgement in people.
cover is code wrote on Jul 3, 2008 6:47 PM:Apparently dispatch didn't think the call was of the utmost importance, otherwise there would have been a marked car on scene.
Rookie action by the rookie cop. Any other job with this big of a mistake and you would have been fired.
But I will thank all the other good cops who do there job professionally.
This will change depatmental policies wrote on Jul 3, 2008 7:05 PM:It is human nature to fib a little bit when trying to make a case against someone such as " the suspected drunk driver almost hit numerous cars" or " the suspect reached into his pants as if he were reaching for a gun ". The city of Coronado made a mistake when they hired this immature young man who was turned down by 10 other agencies. I would guess the payout will be in the 6-8 million dollar range. Ouch!
Charles wrote on Jul 3, 2008 7:35 PM:What about the girlfriend? She was only trying to keep Mansker from killing Foley, yet she ends up in jail for her part. Foley should at least share a few bucks with her. She probably did save his life!
esteban wrote on Jul 3, 2008 8:44 PM:Foley should have got NOTHING!!!! Nice reward for bad behavior. Oh and by the way anticops...Mansker is still on the job...you lose, again.
It makes me laugh.. wrote on Jul 3, 2008 9:30 PM:you still have the few idiots who think this mansker was in the right.
SadState wrote on Jul 3, 2008 9:51 PM:I've read all the posts here...and something keeps coming up that disturbs me quite a bit. While Foley may have been in the wrong, at that time that was unknown, remember innocent until proven guilty. I thought we were all supposed to have rights regardless of our pasts, or was there a new law change that I missed? Is this not the premise in which the police officer was trained. Also from the video feed I saw it looked as if the police officer had Foley blocked in the cul-de-sac. Foley admitted his wrongdoing, his wrongdoing is not the issue being addressed in this matter. The police officer (unidentifiable) shot and injured a man to the point of disabling him and causing him to become unable to perform his job due to not following procedure and protocol set forth within the training he received in the academy. Period. Not all cops are bad, not all people who get pulled over by cops are bad and not all people with histories are necessarily bad, some are, but everyone of them has rights. Foley should be held accountable for his crime of dui but the officer should also be held accountable for his.
banks wrote on Jul 4, 2008 4:52 AM:u people have no life to sit here and write about some body u don't even know
u don't know what really happen all u know is he say she say
get a life and happy 4th
Ryland wrote on Jul 4, 2008 6:58 AM:If you think all cops are horrible does that mean you think that all teachers are child molesters that have sex with their students.
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