SAN DIEGO - A jury on Thursday found a San Diego woman guilty of assault with a deadly weapon for driving former San Diego Charger linebacker Steve Foley's car at an off-duty police officer in Poway.

But the jury acquitted the woman, Lisa Maree Gaut, on a separate charge of assault with a deadly weapon on an officer, a charge that alleged she knew that Aaron Mansker was a policeman during the Sept. 3 confrontation.

Juror Art Mills said Mansker's actions that night were "incredibly restrained," but the street-clothes clad officer's failure to show his badge to the duo created reasonable doubt that they knew he was a policeman.

"We decided that issue pretty quickly, about an hour's worth of debate," Mills said. "It would have been a different situation if he'd shown his badge."

Gaut was a passenger in Foley's car in the early morning hours when Mansker, who was dressed in a T-shirt and jeans and was driving his own car, tried to stop Foley on suspicion of drunken driving.

The ensuing confrontation between Mansker and Foley on Foley's quiet cul-de-sac left the 31-year-old linebacker with three .40-caliber bullet wounds that sidelined him for the season and appear to have ended his career. The Chargers cut Foley from the team last month, and Foley's agent said Thursday that Foley will never play professional football again.

In front of a packed courtroom, Gaut swallowed hard, exhaled and looked down as the clerk read the first guilty verdict. The jury also found Gaut guilty on two misdemeanor counts of drunken driving.

The woman will be back in court for sentencing on June 22. The assault conviction could land 26-year-old Gaut in prison for up to five years. Her attorney said they will ask the judge to consider a sentence of probation.

Gaut was a passenger in Foley's 1971 Oldsmobile Cutlass until the final moments of the confrontation.

When Foley got out of his car and walked up the street to confront Mansker, Gaut jumped behind the wheel of Foley's car and followed closely behind him.

Mansker said that after he shot the approaching Foley, he thought Gaut was trying to run him down. Gaut testified that she was only trying to reach and rescue the wounded football player.

Mills said Mansker was "credible" in his testimony and that Gaut's was "confusing."

Both the jury foreman, Roy Martinez, and juror Debby Dreischmeyer said they found Mansker's actions to have been "professional."

"He wasn't a rogue person at all, wasn't an emotional, hyped-up cop," Martinez said.

After the verdict, Gaut, her eyes moist and red, stood behind her attorney as he spoke to a crowd of reporters. Gaut declined to make a statement.

"We are obviously disappointed with the verdict. We intend to appeal, of course," Gaut's defense attorney, Raymond Vecchio said. "We have some questions as to how they could come to guilty on count one, but not guilty on count two."

Vecchio rebuked Foley and said the player did not come to Gaut's defense.

"Shame on Mr. Foley," Vecchio said. "He disappeared. He wouldn't talk to us from the very beginning, and I think that he had an effect on the case.

The NFL veteran did not testify at the trial.

Foley's agent, David Levine, said he would not discuss what his client may or may not have done with regard to Gaut's defense. He also said that "no defense attorney would ever allow their client to testify while they are facing criminal charges themselves."

Foley faces two misdemeanor counts of drunken driving in the incident; he has pleaded not guilty and his trial is set for May 7. Foley had a blood alcohol content of 0.16 percent, twice the legal limit in California.

Jordan Cohen, who is representing Foley in a related civil case, has previously said that Foley was not served a subpoena ordering him to testify, but that Foley would have invoked his right against self-incrimination if he had been called to court.

Levine, reached on his cell phone in western Florida on Thursday night, said he had not talked with Foley since the verdicts were announced, but expressed disappointment in the guilty finding.

"There was plenty of evidence that there was reasonable doubt that she was trying to go to Steve's aid, period," Levine said.

Mills, one of the jurors, said the panel would have liked to have heard from Foley during the trial, but that his testimony may have had no effect on their decision.

Deputy District Attorney Jim Koerber, who prosecuted the case, said he was "absolutely" pleased with the verdict.

"Clearly, they believed the police officer, because they convicted her on the assault count," Koerber said. "I believe he did identify himself, but I guess the jury had a question as to whether he could have done more."

During the two-week trial, jurors listened to a tape of the radio conversation Mansker had with police dispatchers when he spotted Foley allegedly weaving and driving erratically on northbound Highway 163.

Mansker called for backup and followed Foley on the freeways and then on surface roads leading to Foley's home. As Mansker followed Foley, police dispatchers told Mansker that uniformed officers were on their way, but were miles from the scene.

Once they were on surface streets in Poway, the NFL linebacker allegedly rebuffed Mansker's attempts to get him to pull over.

Mansker, who had been an officer with the city of Coronado for a little more than a year at the time of the shooting, testified that he repeatedly told the couple he was a police officer but did not show them a badge.

As Foley drove toward his home, he stopped the car a few times in the middle of the road and got out to confront Mansker.

Mansker said he pulled his gun on Foley and then on Gaut during the early confrontations in the streets leading to Foley's home. At one point, Foley allegedly uttered, "that's a BB gun," then walked back to his car and drove off.

The final clash came when the two cars reached Foley's street. Foley again got out and confronted Mansker, who then decided to give up the pursuit and head out - but found himself trapped in a cul-de-sac.

As Foley walked up the street toward Mansker, Gaut jumped behind the wheel of Foley's souped-up muscle car and followed him.

Mansker has said he fired off a shot into a berm and warned Foley to stop. But Foley kept coming and, Mansker testified, reached for his waistband. Mansker pulled the trigger, shooting Foley.

With Gaut in the car and approaching him, Mansker fired at her, hitting each of the front tires. She veered the car away and into bushes.

Gaut testified that she was trying to reach and rescue Foley.

Whether Gaut intended to run over Mansker is a "moot point" under the law, juror Mills noted, and said the panel decided that the evidence showed Gaut had driven in Mansker's direction.

Juror Martinez said he found it very important that, on the recording of Mansker's conversations with police dispatchers as the incident progressed, Mansker reported that Gaut was trying to run him down.

Mills said the jury rejected Gaut's argument that she only jumped behind the wheel out of fear for their lives, that she had no other legal alternative.

"All they (Foley and Gaut) had to do was go down the hill and go away," Mills said. "Why didn't they call 911?"

Prosecutor Koerber argued that Foley's conduct in confronting Mansker was "drunk and defiant" and continued through the end of the event. He also contended that Gaut had a motive to get away from Mansker: an outstanding arrest warrant from a Northern California county.

In that 2004 case, which is not yet resolved, Gaut is accused of auto theft and receipt of stolen property. Vecchio said Gaut had borrowed a car from a friend, and did not know it was stolen.

- Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.