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2008 IN REVIEW: Local courts stayed busy

Cases ranged from cop-killing to wildfire recovery

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From a mother and child shot by an off-duty police officer in Oceanside to a murder conviction for a teenager who killed an officer, cases tied to shootings involving officers topped news in North County courtrooms in 2008.

Also making headlines were the dozens of suits filed in the wake of the 2007 wildfires that raced through North County and a former congressman's request for a break on his prison sentence.

Here's a list of some of the biggest local legal stories:

Ex-Charger settles for $5.5 million in shooting

In a surprise mid-trial announcement, former Chargers starting linebacker Steve Foley agreed to a $5.5 million settlement in his civil lawsuit against a police officer who shot him near the then-player's Poway home on Labor Day weekend 2006.

The settlement came on the July day that Foley was set to testify in the case he had brought against Coronado police Officer Aaron Mansker and the city of Coronado.

Mansker spotted Foley weaving and speeding in the early morning hours of Sept. 3, 2006, and tried to get him to pull over.

Mansker was in a T-shirt and jeans and driving his personal car. Foley ignored the orders from the off-duty officer and drove home. In the ensuing confrontation, Foley was shot in his leg, hip and hand.

Foley has since received his settlement money, his attorney Harvey Levine said. He is now living in Houston and "redefining his goals for the future."

The gunshot wounds brought a halt to Foley's NFL career. The incident fueled local debate over shootings by off-duty officers.

Officer charged in Oceanside shooting

In March, gunfire erupted in an Oceanside road rage confrontation, leaving a mother and her son, then age 8, bleeding from gunshot wounds. On the other end of the gun: an off-duty San Diego police officer.

In July, county prosecutors charged Officer Frank White with one felony count of negligent discharge of a firearm and a misdemeanor charge that he brandished his gun during the March 15, 2008, incident.

White was the first police officer charged in San Diego County in more than a dozen years for shooting a perceived aggressor. He was off duty, out of uniform and in his personal car at the time.

According to courtroom testimony, Rachel Silva had been drinking when she pursued White during the clash on Old Grove Road and clipped the back end of his car. White then allegedly fired five bullets through his rolled-up front driver's-side window.

Silva pleaded guilty in November to felony child endangerment and one count of misdemeanor drunken driving. She faces up to four years in prison when she is sentenced in 2009.

White's trial is set for March 19. If convicted of all charges, he faces a potential sentence of up to nine years.

Man convicted in officer's slaying

On Nov. 10, after hearing testimony for more than a month, a North County jury found Penifoti "P.J." Taeotui guilty of all charges in connection with the fatal sniper shooting of Oceanside police officer Dan Bessant, who was assisting a fellow officer during an unrelated traffic stop in a gang-plagued neighborhood when he was killed on the evening of Dec. 20, 2006.

Taeotui was 16 at the time of the fatal attack, in which he is said to have fired a handgun at the officer. Now 18 years old, the admitted gang member faces life in prison without the possibility of parole when he is sentenced on Jan. 12.

A second gang member charged in the slaying, Meki Gaono, is set to go to trial early in 2009. Authorities allege Gaono, now 19, fired the fatal bullet as he peered through the sighting scope of a .22-caliber rifle.

A third teen also was charged with firing on the officer, but a judge dismissed the case in March, citing a lack of evidence tying him to the shooting.

Actor accused in brutal attack

Movie-goers may have known actor Shelley Malil as "Haziz," co-worker to comedian Steve Carell's title character in "The 40-Year-Old Virgin."

But by August 2008, Malil jumped from the entertainment pages to front-page local news after he was accused of trying to kill his ex-girlfriend at her San Marcos home.

Malil has been jailed since Aug. 11, the day after a prolonged and bloody rampage left Kendra Beebe with life-threatening wounds.

He turned 44 earlier this month, and is behind bars in lieu of $3 million bail.

Malil's preliminary hearing, at which a judge will decide whether there is enough evidence to order him to stand trial, is set for Feb. 4.

Wildfire suits grow

SDG&E has found itself on the defensive end of more than 40 lawsuits that have been filed in the wake of the 2007 wildfires in North County. Cox Communications also is named in some suits.

The courts consolidated the suits into seven master complaints, and they deal with four types of plaintiffs: individuals who suffered losses; government entities; insurance companies; and individuals who suffered losses and are seeking class-action status.

In July, state fire officials concluded that utility lines sparked the monster blazes, which started in October 2007. SDG&E maintains that fierce Santa Ana winds are to blame.

The Witch Creek and Guejito fires merged and torched nearly 200,000 acres from Santa Ysabel to Rancho Bernardo. The Rice Canyon fire, which raced through portions of Rainbow and Fallbrook, burned 9,472 acres.

SDG&E and Cox are challenging portions of the master complaints; a hearing is set for Jan. 29. Class-action certification issues are set to be addressed March 19.

Judge wants to reduce $55M jury award

In January 2004, four Marines died when their helicopter clipped a San Diego Gas & Electric utility tower during training at Camp Pendleton. More than 4 1/2 years later, a San Diego jury said SDG&E bore most of the responsibility for that crash, and awarded the families of the four slain troops $55 million, with $40 million of that for punitive damages.

But on Dec. 30, Superior Court Judge David Oberholtzer, who oversaw the trial, ruled that punitive damages should be cut from $40 million to $8.5 million.

He will order a new trial to address the punitive damages issue unless the families of the slain Marines agree to his reduction of the award. The families must choose by early 2009.

State high court sides with Oceanside lesbian

In August, California's highest court handed a victory to an Oceanside woman who sued her doctor, alleging that the Christian physician had declined to perform artificial insemination because the woman was a lesbian.

Guadalupe "Lupita" Benitez of Oceanside sued the Vista-based North Coast Women's Care group and two physicians in 2001.

In a case that highlighted a clash of civil rights, a unanimous state Supreme Court ruled that doctors may not cite their religious beliefs as a reason to deny services to gay or lesbian patients.

In 2008, California emerged as a battleground in the fight over gay rights. The court's ruling came three months after the same justices approved same-sex marriage and about three months before voters banned it.

Duke asks for a break

Disgraced former U.S. Rep. Randy "Duke" Cunningham sits behind bars, sentenced to more than eight years after pleading guilty to bribery and tax evasion in the largest congressional corruption case ever prosecuted.

Now, the former longtime North County-based lawmaker wants someone to cut him a break. In July, it was revealed that Cunningham had filed a petition asking President George W. Bush for clemency.

Cunningham pleaded guilty in November 2005 to taking $2.4 million in bribes from defense contractors in exchange for government contracts.

His request came more than two years into his eight-year sentence for bribery and tax evasion. As of this week, his request was still under review, according to the U.S. Department of Justice.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.

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