San Diego DUI lawyers are told that at one point during testimony, Foley walked out of the courtroom, when the gun used by Coronado Officer Aaron Mansker to shoot him on September 3, 2006 was shown to the jury.
Foley’s lawyers said their client did not want to relive what happened that night.
Mansker was off-duty when he opened fire on Foley in front of his Poway home. The bullet wounds brought about an end to Foley’s NFL career.
During his second day on the witness stand, Mansker said he yelled, “Police officer. Stop,” at Foley as he exited his car and began walking towards the officer. Mansker said Foley continued his advance, even after he fired a warning shot into some landscaping.
“Did you consider by firing a warning shot, you might be inviting him to fire back in some kind of self-defense,” asked Foley’s attorney Harvey Levine.
“It was a possibility,” Mansker said.
Two shots hit Foley’s car, which was being driven at the time by Lisa Maree Gaut, Foley’s companion of that night. She was later convicted of assault with a deadly weapon.
Mansker, who was a rookie during the episode, said he fired twice at Foley when the linebacker got within 15 feet of him. Levine displayed pictures showing his client who was hit in the back of the left knee and hip.
Levine asked Mansker why he had to use lethal force.
“Firing the warning shot and somebody’s still advancing on me? Yeah, I believe they have a gun,” Mansker said.
“Did you really believe he had a gun?
” asked Levine.
“Yes sir,” said Mansker. “There was no doubt when that hand started reaching for that waistband, he was going for a gun.”
“Did you think maybe he had a cellphone under his shirt?” questioned Levine.
“No, sir,” answered Mansker.
Levine’s questions indicated he believes Foley was much farther away from Mansker than Mansker claims. The officer denied shooting at Foley when Foley was on the ground, or firing two other shots at him. Mansker could not explain why his shell casings were found 45 feet away from where he claimed to be standing when he opened fire.
On Tuesday, Mansker admitted he did not show his badge when he stopped Foley. He also said he wanted to pull the 32-year-old over on suspicion of driving under the influence, contrary to his training. Foley later pleaded guilty to misdemeanor drunk driving, paid a $1,700 fine and was put on five years probation.
Foley is suing Mansker and the city of Coronado for million.