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Steve Foley v. Aaron Mansker
Posted by: Dale Franks on Tuesday, September 12, 2006

I'm not a big sports fan, but I have taken an interest in Steve Foley of the San Diego Chargers. In case you hadn't heard, Mr. Foley is out for the season, due to gunshot wounds. I'm uninterested in the sports angle, but as a resident of North County San Diego, I am interested in the law enforcement aspects.

Based on the facts released today, during the arraignment of Mr. Foley's female friend, Lisa Maree Gaut, this is what we know so far.

Early last Sunday, off-duty Coronado police officer Aaron Mansker (a 23 year-old officer who started with Coronado PD in August of 2005), was driving in San Diego on State Route 163, in his privately-owned vehicle, wearing civilian clothes. He claims to have spotted a car, which turned out to be Mr. Foley's, driving erratically. Officer Mansker, apparently overcome by his keen devotion to duty, then attempted to pull over Mr. Foley's car. Indeed, he followed Mr. Foley all the way to Mr. Foley's house in Poway. Along the way, Messrs. Mansker and Foley apparently had words at traffic lights, but Mr. Foley did not comply with Officer Mansker's instructions. When they arrived at Mr. Foley's house, Mr. Foley exited his car, and a confrontation ensued.

When the confrontation began, Ms. Gaut apparently took the wheel of Mr. Foley's car, and tried to run Off. Mansker down, at which point Off. Mansker fired two shots at the vehicle.

Off. Mansker reports that Mr. Foley then began to move toward Off. Mansker in a threatening manner, at which point Off. Mansker shot him once. Mr. Foley verbally acknowledged being shot, then began, once again, to move towards Off. Mansker. Off. Mansker then shot Mr. Foley two more times.

At some point, Off. Mansker states that he fired a warning shot, as well. (I have never worked for any agency, by the way, that authorized the use of warning shots, so this strikes me as odd, too.)

As of today, we've learned that Off. Mansker, according to prosecutors (who are, so far, totally behind Off. Mansker):
...was inadvertently "trapped" in a cul-de-sac without backup before he shot San Diego linebacker Steve Foley, a prosecutor said Thursday.

Aaron Mansker of the Coronado Police Department had decided to drop his high-speed pursuit because no other officers responded to his calls for help but found himself blocked in the dead-end street where Foley lives.
If officer Mansker felt trapped, it was because he pursued a suspect off-duty, without backup, in civilian clothes, in his privately owned automobile. He trapped himself, and, frankly, I have little sympathy for him. As a former sworn law enforcement officer myself, Off. Mansker's actions that night reek to me of overzealousness.

First off, in California, you have no obligation whatsoever to stop in a situation like this. Way back in the 1940's Caryl Chessman used to stop vehicles by flashing a red light, then rob and/or kidnap and rape the female occupants. The legislature felt that executing Chessman under the "Little Lindy Law" wasn't enough, so they wrote into the state penal code a law that releases drivers from the obligation to stop, simply because someone identifies himself as a police officer.
Under state law, a person who refuses to pull over can't be convicted of evading a police officer unless the officer's car has a red light and a siren. Additionally, the officer must be in uniform and the officer's car must be “distinctively marked” as a law-enforcement vehicle.

The reason for the wording of the statute is fairly obvious, legal experts say: A driver shouldn't be forced to stop unless he or she is positive the person in the rear-view mirror is really a police officer.
I do not know of any police department in California that doesn't prohibit off-duty officers from acting as police officers, except in imminently life-threatening situations. The question then becomes, was this situation an imminent threat to life? As Richard Gregson, executive director of the California Peace Officers' Association, puts it:
It depends, Gregson said.

Is the driver on a crowded freeway or a desolate country road? Is the driver speeding? Weaving across traffic lanes? What are the odds the driver might injure or kill somebody?

“To try to formulate a policy that would cover every circumstance would probably require something the size of the IRS code,” Gregson said.
The general rule is quite simple, however, as it appears in the Oceanside PD's policy documents:
If possible, off-duty police officers shall call and use an on-duty officer for police matters.
Most police departments, in fact, warn civilians not to stop for anything other than a clearly marked police car. Also, in most departments, even if an on-duty, plainclothes, detective team wants to pull a traffic stop, they get a marked unit to do the actual stop itself.

Now, in this case, from the 163 in San Diego to Poway, the pursuit had to have taken at least 30 minutes. It is inconceivable to me that, during that time, Off. Mansker couldn't have gotten an SDPD, SDSO, or CHP unit to take over the pursuit and make the stop. Indeed, SDSO deputies arrived within minutes of the shooting. Had Off. Mansker immediately reported the situation, rather than trying to make the stop himself, I am certain that a marked unit could have arrived to perform the pursuit/stop. Moreover, let's also remember that this began not in Coronado, where Off. Mansker is a sworn officer, but in northern San Diego, which is well outside Off. Mansker's official jurisdiction.

I have to say, though, that I love Off. Mansker's statement that he "fired at Foley when the player reached into his pants with his right hand." That's classic, isn't it? I mean, that's the kind of detail you expect from a seasoned officer, not a raw rookie with less than 13 months of street experience in a very affluent, low-crime community.

Let's see if we can reconstruct that statement: "OK. Let's see. I fired a warning shot. Then, I fired two shots at the car when the chick tried to run me over. Then, I had to shoot the large negro when he reached into his pants!"

Uh-huh.

I invite Mr. Foley to prove that he didn't reach into his pants. I also wish him good luck with that.

Now, look, Mr. Foley is an intimidating guy. And he has had is share of trouble with both the Demon Rum, and various representatives of the law enforcement community. As such, I am perfectly willing to believe he was drunk off his ass on Sunday morning. (I don't know that, of course, because the results of Mr. Foley's Blood Alcohol Test isn't back yet. If he gets less than a .08, then Off. Mansker—and the city of Coronado are royally—and rightfully—screwed.) Oh, and while we're on the subject, Ms. Gaut is, by all accounts, a bit of a...uh...spitfire...herself.

But, that makes it even more imperative to ensure that a marked unit makes the DUI stop, not an off-duty rookie cop, in his privately-owned black Mazda. If the suspect is intoxicated, nothing good is going to come of trying to convince a judgment-impaired driver that you, in civilian clothes, driving your POV, are authorized to stop him. Nor is anything more likely to lead to an unfortunate confrontation.

In my view, based on the facts as they are currently known, Off. Mansker acted overzealously and negligently, and bears a signifigant responsibility for the shooting. In all likelihood, no confrontation would have been necessary had Off. Mansker done the proper thing, and reported the incident immediately, followed and observed Mr. Foley, and allowed a marked unit to make the stop.

Several of Mr. Foley's Charger team-mates, unsurprisingly, appear to agree with me:
"If somebody gets out of a car, and he tells me that he's a police officer in some street clothes, and he's got a gun, I'm going to try to run over that (guy), too," Chargers cornerback Quentin Jammer said. "(Expletive) him. I mean, why wouldn't I try to run over him?"
Why shouldn't you, indeed?

By the way, any guesses at to what the terms "(guy)" and "(Expletive)" actually were? (Don't bother answering in the comments. We blacklist that sort of salty language.)
When Jammer paused mid-vent in front of his cubicle yesterday afternoon, safety Marlon McCree promptly grabbed the rhetorical baton from an adjoining locker.

There was none of the normal restraint athletes typically demonstrate around reporters. This was righteous, seething anger.

“All I know is he's trying to rob me,” McCree said. “That's all I know. Where's your badge? Where's your uniform? Where's your car? You're even in an unmarked car. . . .

“I can go to Toys R Us and get my little 5-year-old son a toy cop badge and say, 'Hey, I'm so-and-so, put your hands up,' and (then) rob you, tie you up. You understand what I'm saying?”
Yes, Mr. McRee. I do understand. And I agree completely.

If I was Mr. Foley, even if my BAT came back at .18 or whatever, I know what my defense—and offense—would be. "Yeah, sure, I had too much to drink. That was my bad. But for all I knew, I was being pursued by a whack job, who eventually pulled a gun on me. I was just trying to defend myself and my chick from what I believed to be some nut-job with a pistol." And, based on Off. Mansker's execrably bad judgment, that sounds like a pretty good defense to me. And, if Mr. Foley Comes back with a BAT of .07 or less, then Off. Mansker is screwed. The comptroller of Coronado might as well go ahead and start writing a check with lots of zeros.

If Off. Mansker ever works as a sworn officer with any agency ever again, then it's more than he deserves. And if he loses his job over this, then...good riddance.

We already have enough problems with uniformed officers acting like little tin gods on duty. We don't need off-duty officers provoking confrontations with the public.
 
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Comments
What really pissed me off was the short, off handed update given by the announcers in the nationally televised Chargers game on ESPN last night. I wish I could remember the exact words, but it was something along the lines of he is recuperating from a gunshot wound after an altercation with an off duty police officer.

If someone has a transcript, I’d love to see it.
 
Written By: DrObviousSo
URL: www.zigguratofdoom.com
This story reeks of idiocy on the part of the off-duty cop. As a cop myself I simply cannot understand this guy’s actions. Overzealous to be sure, and firing warning shots?!? Cops stopped doing that about a century ago. At another site I read that the cop fired one warning shot "into the bushes" and two more "into the sky" in order to prove to Foley that his gun was real (that same account had Foley telling the cop the gun wasn’t real the first time he got out of his car). That right there should get the guy fired, irregardless of his other moronic actions.

I also read that Foley won’t be paid his salary this season by the Chargers. I’m sure Foley’s agent has lawyers on speed dial who would gladly represent Foley in the impending civil suit.
 
Written By: Joab
URL: http://joabsblog.blogspot.com
I take a somewhat different view...How about the Foley taking some blame here folks? A man CLAIMS to be a policeman. I assume he displays a badge AS WELL AS A GUN. OK, not proof, in and of itself, so how about this...FOLEY CALLS 9-11 REPORTS THE INCIDENT AND REQUESTS A CRUISER BE DISPATCHED TO oh say the nearest Kroger Parking lot, where and the "Presumed" officer will be waiting? Someone tells you that they’re a cop, well THEY JUST MIGHT BE. Not all cops wear uniforms, detectives and the like... so now will you guys only stop for UNIFORMED police?

Instead Foley drives on. because a) he DOES think it’s a cop and he’s drunk, b) He’s a Ar$(, c) both of the above. Then he gets home. Now there’s a man follwing you, claiming to be a policeman... again DIAL 9-11 report the incident, you don’t ignore him and then get out of your car. And then Foley advances and gets shot... and continues to advance, and gets shot again. Foley got shot because he advanced an a man HE KNEW WAS ARMED. He/you might be an NFL tough guy, but Smith & Wesson really even the odds. Whether or no the man claiming to be a cop WAS cop, only a fool advances, unarmed, into gunfire.

Bottom-Line: Foley behaved as a drunk or testosterone-poisoned MORON. I give the match to the Cop. Again, when the man says he’s a policeman, ACT LIKE HE IS...
 
Written By: Joe
URL: http://
Again, when the man says he’s a policeman, ACT LIKE HE IS...
Nope. That’s not the law in California. Anyone can say he is a policeman. But if he’s not in uniform, and not in a marked car with lights and siren, then you don’t have any obligation to do jack.

The entirety of the legal obligations in this case, rested on the off-duty officer.
 
Written By: Dale Franks
URL: http://www.qando.net
What I find very interesting is that Foley’s gunshot wounds are to the BACK of the leg. The BACK of the leg. How did "officer" Mansker manage to shoot Foley in the back of the leg while Foley was "charging" him? Was he rushing him in reverse?

Masker also NEVER flashed a badge. Here is a rough draft (it is "hear-say") of Foley’s account of the situation:

Foley claims they (he and Mansker) were both yelling in front of his house, and he doesn’t know what Mansker was yelling because he was yelling louder. They were just a few feet apart. He thought Mansker was a car jacker. He told him as much when he first pulled over and Mansker pointed a gun at his head. In the middle of the yelling Mansker started firing his weapon wildly. Foley thinks it first went off accidentally. Foley turned and ran for cover (behind his car), but was hit twice in the back his thigh and went down. He reached for his injured leg and was shot twice more (side of leg and hand) so he stayed down and froze hoping the guy would quit shooting him. It could be only three shots and the last one got his hand and leg. This source is the same as the one on page one where I claimed a rumor said Foley was being "stalked with a vendetta." Apparently, that is a Foley quote from the hospital. Foley shared all of this early in his stay and has gone completely silent (per proper counsel). I ask you how did Mansker shoot an oncoming already shot Foley twice in the back of the thigh? Did Foley charge in reverse?

 
Written By: Josh
URL: http://
Nope. That’s not the law in California. Anyone can say he is a policeman. But if he’s not in uniform, and not in a marked car with lights and siren, then you don’t have any obligation to do jack.
Law be DARNED, rest assured in ANY State if s/he IS a cop and you act like that, "There’ll be....Problems." Someone claims to be a Cop, legal obligation or no, you might want to ACT like they are... or at least not ignore or charge them.

Josh’s point about the location of the wounds is a good one and may sink the officer...though it would still imply that Foley turned his back on an ARMED MAN, again drunk, on something...
 
Written By: Joe
URL: http://
Go ahead Joe, act like the person is a cop. When you’re locked in the back of his trunk you might want to reconsider that strategy.
 
Written By: Unknown
URL: http://
Unknown...did you READ my first posting? Did Foley make any effort to PROVE or DISPROVE the claim, like using a ’phone to call the Poh-leeece? And Foley’s actions are quite smart, too, under your theory? He advanced on an armed man?

Finally, when YOU’RE locked in the back of the Cruiser you might reconsider YOURS.
 
Written By: Joe
URL: http://
Has everyone lost sight of the simple issue that this whole thing was started with an evidently drunk driver. Foley has a history of not only driving drunk and being convicted of it, he has a history of being abusive when drunk and has been through an alcohol abuse program and is still drunk.

Drunk driving causes untold numbers deaths of and major injuries to innocent people in this country. And here all the comments are about the bad behavior of the cop. He was trying to stop a drunk driver. The fact that he did not go about it properly does not alter the fact of it.
 
Written By: Bill
URL: http://
hey bill- it’s not foley’s driving that’s in question here- it’s all about a police officer that has botched every procedure bestowed upon his profession. let’s not forget the man was shot IN THE BACK!!! how the hell is that self defense?? plus-who fires off a warning shot? uh uh..police officers do not fire off warning shots. he could’ve hurt an innocent bystander! also- is it smart to go into a situation WITHOUT any backup?? who cares if he tried for 20 minutes and couldn’t get through- does that still allow you to enter a dangerous situation all by yourself IN YOUR CIVILIAN CLOTHES AND IN AN UNMARKED CAR! and 20 minutes! that speaks alot for our police departments and their resonse times (another thing to be questioned!) he messed with the wrong black man!
 
Written By: dre
URL: http://
I think whats missing from all of this is the fact that the only reason this is getting national attention is the fact the he shot an NFL player. Had the man been "pooky Johnson" from around the corner we would never have heard about it. which may explain why he felt it was ok to do it in the first place
 
Written By: James
URL: http://
does that still allow you to enter a dangerous situation all by yourself IN YOUR CIVILIAN CLOTHES AND IN AN UNMARKED CAR!
Good point and if YOU are ever in danger and there’s an off-duty policeman across the street I’m SURE you’ll agree with his decision to NOT intervene because he had no back-up. Or will you? Alternatively, how would this read, "Though Foley was witnessed by Off. Mansker 20 minutes previously driving erractically, Off Mansker made no attempt to stop or intervene, prior to Foley running down the family in the minivan?" Get back to me on THAT headline....
and 20 minutes! that speaks alot for our police departments and their resonse times (another thing to be questioned!)
Good point.
he messed with the wrong black man!
Why is THIS relevant or is this just, "Da man was comin’ DOWN on a Brutha, he had every right to RESIST. ’Fight the Powers That Be!’ ’9-11’s A joke’" Well Malcolm let’s just assume that Off. Mansker didn’t have his hood with him at this time and he just decided to stop someone driving erractically.

Oh and in MY state, we call Foley’s offesne, "Contempt of Cop" it USUALLY involves arrest, sometimes with tasering and pepper spray, this time it involved being shot twice...

"Yes Officer, No Officer, Of COURSE Officer" and doing what you’re told are good ways to avoid the charge and penalty for Contempt of Cop. I would refer you to Chris Rock’s "How to avoid an arSe-kicking video" for more enlightening details on police-Civilian interaction.
 
Written By: Joe
URL: http://
Lest anyone doubt, yes I agree Officer Mansker is in trouble. My point is that Mr Foley is EQUALLY to blame for the incident and deservedly in trouble as well.
 
Written By: Joe
URL: http://
Great, great find, Dale. I agree 100% with people here who think that not only was Mansker wayyyyy out of line, but his story stinks on ice.

So Foley was drunk. What I want to know is, did Mansker even *try* to establish his identity as a cop in any serious way? Did he, you know, walk up to the guy at the house and speak to him in a professional tone? Was there no body of knowledge the guy could fall back on to demonstrate, or at least strongly suggest that he was in fact a cop?

Why did he immediately need to pull the gun on the guy? Where’s the attempt to control the situation with the authority of his office, instead of kamikaze tactics?

And, when they arrived at the suspect’s da*n house, was it totally out of the question to.... wait... for... uniformed backup...? The guy went back to his own house, for heaven’s sake - he didn’t pull up to a jewelry store and start kicking in the windows!
 
Written By: glasnost
URL: http://
I haven’t talked about this on my blog, but I basically agree with everything Dale says here. This officer was a complete idiot. If you’re out of uniform, not in a patrol car and you see a drunk driver, you follow him, call for a marked car and let the uniformed cops handle it. Period.

People here in San Diego aren’t going to stop for an unmarked, uniformed cop — heck, people here in San Diego don’t stop in isolated areas even for a uniformed, marked police car because of Craig Peyer.
 
Written By: Hoystory
URL: http://www.hoystory.com
Why did he immediately need to pull the gun on the guy? Where’s the attempt to control the situation with the authority of his office, instead of kamikaze tactics?
Because IF I read correctly he DID try to stop the gentleman. Foley DIDN’T STOP. So Identifying oneself as a policeman didn’t work...
The guy went back to his own house, for heaven’s sake - he didn’t pull up to a jewelry store and start kicking in the windows!
Because he’s suspected of DRIVING Under the Influence, Glasnost, once he’s home and inside you can’t get him for that. He can fail the blood test, the field sobriety test and all, BUT he will claim, "I was as sober as a judge, because I had PREVIOULSLY been held for DUI, BUT when I got home I kicked back and downed about half a liter of J&B." How do you PROVE he didn’t? No back-up, but IF he gets out of your sight you lose the DUI bust, and without that you have nothing.
 
Written By: Joe
URL: http://
Why is THIS relevant or is this just, "
Da man was comin’ DOWN on a Brutha, he had every right to RESIST. ’Fight the Powers That Be!’ ’9-11’s A joke’" Well Malcolm let’s just assume that Off. Mansker didn’t have his hood with him at this time and he just decided to stop someone driving erractically
.
although your attempt at ebonics are enjoyable, joe, i doubt you recognize that this was an extreme case of racial profiling. under california law(my state), officer Mansker, or anyone - officer or civillian - could simply track Mr. Foley to his destination, report his condition, and have an officer or deputy simply ring his doorbell and request a blood/ alchohol sample. i am sure this officer is aware of dwi/ dui procedures, but obviously chose to act on a renegade impulse to "bring down the bad man". (notice that i write "the bad man" and not "black man" because it seems that was your only focus..."malcolm???" come on, joe, this is a simple case of young cop overlooking procedure and acting on impulse.. by the way, dre stands for andrea... and im sure that, even in text, you assumed i was a black man.
sincerely, a caucasian woman from subrbia! "fight tha power, bro!!!"
 
Written By: dre
URL: http://
Really not in MY state...and what is the conviction rate of the process? Again how does one deal with "Officer I HAVE had alcohol. Four beers AS SOON AS I GOT HOME?" Betcha that against an upscale offender it don’t work real good?

And I didn’t mention race, YOU did...of COURSE it was racial profiling, I mean it HAD to be, right? On what evidence? On the basis of the RACES involved? Isn’t THAT profiling, black man, white cop..Ah-HAH racism...
 
Written By: Joe
URL: http://
listen... as long as there is a witness to verify a condition of reckless driving, an officer(or civillian) can - without warrant - enter any private property to inspect the condition of both the driver and passenger(s) of suspected vehicle. i do find it suspect that you attach cultural rhetoric such as, "Malcolm, and "fight the power", and "Brutha" to your responses. its your choice of words that seems to define your thought process. "IT IS WHAT IT IS!"
 
Written By: dre
URL: http://
JOE I LOVE U
 
Written By: dre
URL: http://
Oh and in MY state, we call Foley’s offesne, "Contempt of Cop" it USUALLY involves arrest, sometimes with tasering and pepper spray, this time it involved being shot twice...

"Yes Officer, No Officer, Of COURSE Officer" and doing what you’re told are good ways to avoid the charge and penalty for Contempt of Cop.
Agagin, a simple point you seem unable to comprehend. In MY state, the Penal Code specifically states that you do not, under any circumstances, have to stop for anyone who declares himself to be a police officer, unless that officer is in uniform, driving a marked police vehicle with light and siren.

No marked car, no light, no siren, no uniform...no stop.

Period.

Police departments specifically counsel civilians to disregard anyone in civilian clothes who claims to be a police officer.

The bottom line is that a) Mr. Foley had no obligation to stop for Off. Mansker at any time during the pursuit, and b) Off. Mansker had a positive duty to get a uniformed officer to make the stop.

I don’t care whether it works that way in your state or not. It is the law in California, and that’s all that matters.
 
Written By: Dale Franks
URL: http://www.qando.net
So THERE Joe.

 
Written By: Unknown
URL: http://
Yeah Dale, there you go...I have to concede... still one wonders WHY Mr Foley neglected to inform the Police, HIMSELF, of this crazy man following him, claiming to be cop, waving a firearm? Or why when this "Crazy man" followed him home he STILL neglected to call the cops?

Law or no law, my conclusion:
1) He WAS drunk and knew involving the Poh-leece was going to have bad consequences; or
2) He was an idiot.
 
Written By: Joe
URL: http://
Both of your conclusions are probably correct, but they are irrelevant. Given all the facts, including the confrontations(note the plural) at traffic lights, the obvious belligerent and uncooperative attitude, and the physical size(pro football, remember?) of Mr. Foley, the officer showed astoundingly bad judgement in confronting him on foot by himself. Not to mention the stupidity of getting himself "trapped" in a cul-de-sac. Even had Foley meekly submitted at his home, the officer would have been in trouble and Foley might have gotten escaped legal action.
 
Written By: timactual
URL: http://
Assuming the officer escapes legal action, he may become an armed security guard at a K-Mart near you. Think about that the next time you want to give some officious idiot rent-a-cop your interpretation of parking regulations.

"So you think you can park in a handicapped spot, punk? I can make it legal for you! Go ahead! Make my day!"
 
Written By: timactual
URL: http://
Foley got shot in the back of Foley’s leg. Foley got shot from behind. Foley will sue Aaron Mansker into the next century for lost wages since Foley can’t play football this year and Foley will sue Aaron Mansker for future lost earnings because Foley may not play football again. The City of Coronado and the County of San Diego and the City of Poway will be paying through the nose to compensate Foley after everything that is owned by Aaron Mansker is taken away from Aaron Mansker in trying to compensate Foley. Aaron Mansker will be back to being a poor white trash jerk like the rest of his family. There is no way that Aaron Mansker can compensate Foley for the millions of dollars of future lost wages that Foley is losing because of Aaron Mansker’s gun-happy shooting mistake. Aaron Mansker has got to move out of San Diego because Charger fans hate him so much all the way to hell. Aaron Mansker is a stupid rookie cop who made a very bad mistake that he is going to pay for the rest of his life. What a stupid A$$HOLE!
 
Written By: Aaron Mansker the rookie white trash cop is an A$$HOLE
URL: http://
For those who place most of the blame on Steve Foley’s presumed drunk driving, pending BAC results. He was already marked when he entered the freeway with his customized Cutlass Supreme a known "gangster ride". So, racial profiling is not out of the question. We can assume Mr. Mensker’s overzelous actions was not wholly triggered by someones erratic driving, but by a black man driving a gangster ride in an affluent side of town. Any "overzelous" officer cannot pass this opportunity.
 
Written By: cali resident
URL: http://
What irks me is that Mansker is on paid leave - while Foley will not be paid this year! Most cops abuse their authority and Mansker is just "one of the boys" in that regard. This sort of behavior will always flourish as long as police chiefs continue to protect the status quo. Wouldnt it be refreshing for the Coronodo PD Chied to come out against Mansker’s actions - theres a mountain of evidence that shows he didnt follow any procedures whatsoever. But unfortunately the Chief didnt want the attention thrown his departments way. Those cops are patheitc...
 
Written By: Eric
URL: http://
Mansker was out of his juristiction - he had no authority to chase a civilian all over Southern California like some maniac! Isn’t that illegal...especially if you throw in the racial profiling angle (1971 Cutlass)!

Mansker was off duty when he shot Foley...so what was Mansker’s B.A.C. at the time of the shooting?

What business did Mansker have even being in that cul-de-sac when Foley supposedly moved threatening towards him? At what point are Police invading others privacy - offduty, out of uniform, in his POV...does a cop have the right to harass civilians like that - and then shot them!

 
Written By: Eric
URL: http://
I don’t know what state Joe lives in, but in California people claim to be cops and can’t be trusted. A lot of people who are cops can’t be trusted (Ever hear of Rampart, or watch the based on a true story LA Confidential?).
Apparently the cops don’t hassle minorities in Joe’s state either. That happens in California, Joe. A lot.
I keep hearing "Steve Foley was shot because he was an idiot". He doesn’t sound quite as stupid after reading the details. Foley’s not innocent, but I would say that he doesn’t really need to worry about collecting his salary for this year. San Diego will make him a rich man, just not the Chargers.
 
Written By: Daniel
URL: http://
Oh and in MY state, we call Foley’s offesne, "Contempt of Cop" it USUALLY involves arrest, sometimes with tasering and pepper spray, this time it involved being shot twice...
You can’t be in "contempt of a cop", if you don’t think it’s a cop to begin with. Street clothes, a Mazda and a gun, how many more cops are out there we don’t know about.

Cops in plain clothes and off duty continue to get themselves in situations they can’t handle and it’s the other person who gets blamed for it. I saw a guy in a bar provoke a fight and get his ass beat. 10 minutes later, cops showed up and arrested the guy who beat him up for assaulting a police officer. Eventually thrown out in court because enough people came forward to back up the non-cop.
 
Written By: brian
URL: http://


http://www.kfmb.com/sports/chargers/story.php?id=63273
 
Written By: Joe
URL: http://
I wonder if it ever crossed Mr. Mansker’s mind that neighbors might defend Mr. Foley from the perceived robber/car jacker.

As an ex-Army combat Infantry officer, if this situation had occured on my street, my first instinct would be to rush out my door and eliminate the threat to my neighbor. Mr. Mansker would have been dead before his "backup" arrived. I would not hesitate to defend a neighbor I know is not a criminal.

I believe the DA needs to go after Mr. Mansker hard. Very hard. As a society, we can NOT tolerate police shooting up our neighborhoods and citizens because they think someone might have committed a crime. And to do this while never establishing they are an officer, nor in a marked unit, nor in a police uniform. This was criminal conduct by an inexperienced and poorly trained rookie cop.

Mr. Foley deserves a DUI conviction. He didn’t deserve to get shot. The officer deserves a felony conviction on a charge of attempted murder. Anything less leaves society to wonder when it will be their turn to be on the wrong end of a bad cop’s bullets.
 
Written By: Shamrock
URL: http://
Point to note, this was like the 5th case in the last month, or so of a trigger-happy cop shooting first and asking questions later (usually asking a dead person later) just in San Diego County. (uniformed or un-uniformed it’s become a problem.)

Fact is Police are under paid, so good qualified people don’t seek the job. So we arm a bunch @r$holes and give them badges and an unearned sense of authority. Most are just glorified high school bullys.(with guns)

Now to Foley. A person under the influence with a history of altercations with police and someone who believes that police are out to get him (recent evidence shows that Foley might be right) IS NOT going to call the Police to help him with....the Police. lol

and the last time I checked a DUI didn’t carry a death penalty and if it did it would take about 100-200 years to execute anyone and half the country would be on death row.


Mansker failed on so many levels that he is virtually indefenseable.

Question to be asked:

Do they teach basic Police procedure at the Police Academy at Palomar College?

What was Mansker’s grade in that course?

How does a kid one year on the force from Escondido land a cush police job in the virtually crime-free wealthy area of Coronado?

How do you get "trapped" in the cul-de-sac when Foley pulled into his driveway?

How do you get shot in the back of the leg when your "coming at someone"?

Why was his gun so much more accessible than his badge?

How many times do you have to shoot a person who is not facing you?

Why does it take so long for "backup" to show up?

How many people are actually on the road at 3:30 in the morning?

When Foley was driving 90 mph, Was it because he was being chased by an overzealous vigalante cop?

Is a drunk driver still a threat to people on the road, if he is no longer on the road?

How accurate is a blood test taken from a guy whose lost a lot of blood?

How submissable, in a court of law, is a blood test taken from someone shot by a police officer that breached multiple standard police procedures?

What did the bushes ever do to deserve to be shot?

What did the car ever do to deserve to be shot?

How many more Aaron Mansker’s are out there right now?


Regardless the San Diego Police are doing everything they can to build a case against Foley and the girl he was with. Who I believe is finally out of jail, and was being held on like $35,000 bail for assault with a deadly weapon on a police officer and a DUI. (Now that is total BS)

Now they want to test his blood for steroids? When was the last time this came into play in a criminal prosecution. It’s clearly a desperate act by the Police to gather any negative info they can on Foley. This is just more cannon fodder for them to throw at the press and discredit Foley.


With all do respect, why is it that when a police officer dies in the line of duty, the police take over the streets cause major traffic jams and delays for an entire day to have a funeral parade for one man yet they will literally execute a person in the streets for stealing a car, driving drunk, or just improper behavior. I respect the job and the difficulties of it but this just shows they value they’re lives far far more than the people that they are hired to protect.

Police are given dozens of non-lethal alternatives to detain or sedate a suspect yet all too often they choose the most lethal of all. When you pull a gun and shoot it at someone, then you are trying to kill them. Period.

Then again, what do expect from people the would rather spend 100 times more money and resources catching potheads than pedaphiles.


Any question?!!!
 
Written By: Mike
URL: http://
I am happy to see someone rational writing about this event. It’s a classic racial profiling case. Classic example of an overzealous officer acting irresponsible. Way too many questions out there, mostly in favor of Foley. I hope a civil suit is filed against the officer and the City of Coronado.
 
Written By: Spike Zee
URL: http://www.spikezee.blogspot.com
I was stationed for a year in the Navy in Coronado as a master-in-arms (military police). I quickly noticed as a black person that there were almost no people of color in Coronado. Almost every police officer in Coronado was a white male. Everytime I drove through the town to cross the bridge in civilian clothes to get to the San Diego side, I was followed by a squad car. If I walked down Orange Avenue (main street where Hotel Del Coronado is) rich white people would watch me closely. My white shipmates did not have the same experience while in civilian clothes. Wear a uniform and you are treated very well there no matter what your skin color — it is a very patriotic town and a very white town. I always wondered if others felt the same way but never wanted to bring it up until this white rookie cop, fresh out of training so knowing better, would chase a big, black, and yes drunk man 30 miles in his personal car in the middle of the night, shoot him in the (back) of his leg, firing warning shots like some kind of wild west movie sheriff. He would already be dishonorably discharged and headed for the pokey if he was in the Navy for using unjustifiable deadly force. The back of every Coronado police car is full of non-lethal options to prevent situations like this from escalating. CHP and SDPD responds in a heart beat to emergency calls for back-up so his story seems questionable.
 
Written By: Former Navy stationed in Coronado
URL: http://
What cop in his right mind fires warning shots? I was a police officer for a number of years and you NEVER EVER EVER did warning shots. The chance of them hitting someone innocent was too high.

Second, what is he doing trying to make a traffic stop in his car in his clothes in another jursidiction?

when I was off duty I never did anything unless it was an extreme emergency (i.e. stopping to help at a traffic accident) or or to back up an on duty officer. My badge went out the second I stopped to help. I never would have tried to make a traffic stop in the manner that this officer did. YOU CALL A UNIFORMED OFFICER TO DO IT. There was more than enough time to get one in this case. I carried a gun off duty but we were always taught to be a good witness before ever endangering someone.

In these days, a citizen would have to be crazy to stop with a guy in civilian clothes waving a gun and yelling that he is a cop. I live in Las Vegas and that would be an invitation to a car jacking.

This is a case of a guy that wanted to be a cop and was too overzealous and decided to enforce all laws everywhere 24 hours a day. We called that a power trip and those cops are dangerous.

This officer escalated a situation that should not have happened.
 
Written By: Ronals
URL: http://
 
Written By:
URL:
This is not the first time that Officer Mansker has followed someone without cause. A couple of days before christmas 2005 around 9 pm, as I was driving to my residence in Coronado, with my wife and 11 yr old son in my vehicle, I observed a police unit behind me. At first it did not bother me, until I started making turns on streets towards my residence and then I realized that the unit was also right behind me. When I finally parked my vehicle across the street and proceeded to my residence with my wife and child, I noticed the police unit had stopped in the dark about 10 ft. behind my vehicle. I left my family safely at my entrance door and I was returning alone back to my vehicle and observed Officer Mansker standing by my vehicle, flashing his light inside my vehicle. I asked him "Is there a problem Officer?" He immediately replied, "No" and started to walk away towards his police unit. I observed the other officer crouched inside the passenger side of the vehicle. I stood there in the dark until the police unit left the area. I immediately called the Coronado Police department and inquired as to why the officer was following us.The dispatcher replied that a neighbor had called and reported a suspicious vehicle parked in the dark. I knew that was not true, because I was the only car parked in the dark across the street. I was followed to my residence and I had just parked my car after returning from christmas shopping for at least 2-3 hours. I happened to meet Officer Mansker and his partner (from the night of the incident) a few weeks later (by chance) and asked Officer Mansker if he remembered me. He replied, "No". I reminded him, that I was the one he followed a few weeks ago and he checked my vehicle in the dark, until I approached him. At this time his partner said, "He is in training and new to the force."
My point is he was overzealous, even way back when he was still a rookie in training. Thank God I did not stop and confront him with my wife and family, at my side in the dark street. Anything could have happened.
 
Written By: Dec. 2005 Incident with Officer Mansker
URL: http://
There is no issue of jurisdiction. A lot of uneducated opinions in here. A police officer in california is a police officer 24hrs day/365 days a year anywhere in the state... as evidence by PC 830.1

830.1. (a) Any sheriff, undersheriff, or deputy sheriff, employed
in that capacity, of a county, any chief of police of a city or
chief, director, or chief executive officer of a consolidated
municipal public safety agency that performs police functions, any
police officer, employed in that capacity and appointed by the chief
of police or chief, director, or chief executive of a public safety
agency, of a city, any chief of police, or police officer of a
district, including police officers of the San Diego Unified Port
District Harbor Police, authorized by statute to maintain a police
department, any marshal or deputy marshal of a superior court or
county, any port warden or port police officer of the Harbor
Department of the City of Los Angeles, or any inspector or
investigator employed in that capacity in the office of a district
attorney, is a peace officer. The authority of these peace officers
extends to any place in the state, as follows:
(1) As to any public offense committed or which there is probable
cause to believe has been committed within the political subdivision
that employs the peace officer or in which the peace officer serves.

(2) Where the peace officer has the prior consent of the chief of
police or chief, director, or chief executive officer of a
consolidated municipal public safety agency, or person authorized by
him or her to give consent, if the place is within a city or of the
sheriff, or person authorized by him or her to give consent, if the
place is within a county.
(3) As to any public offense committed or which there is probable
cause to believe has been committed in the peace officer’s presence,
and with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of the offense.
(b) The Attorney General and special agents and investigators of
the Department of Justice are peace officers, and those assistant
chiefs, deputy chiefs, chiefs, deputy directors, and division
directors designated as peace officers by the Attorney General are
peace officers. The authority of these peace officers extends to any
place in the state where a public offense has been committed or where
there is probable cause to believe one has been committed.
(c) Any deputy sheriff of the County of Los Angeles, and any
deputy sheriff of the Counties of Butte, Kern, Humboldt, Imperial,
Inyo, Kings, Mendocino, Plumas, Riverside, San Diego, Santa Barbara,
Shasta, Siskiyou, Solano, Sonoma, Sutter, Tehama, Tulare, and
Tuolumne who is employed to perform duties exclusively or initially
relating to custodial assignments with responsibilities for
maintaining the operations of county custodial facilities, including
the custody, care, supervision, security, movement, and
transportation of inmates, is a peace officer whose authority extends
to any place in the state only while engaged in the performance of
the duties of his or her respective employment and for the purpose of
carrying out the primary function of employment relating to his or
her custodial assignments, or when performing other law enforcement
duties directed by his or her employing agency during a local state
of emergency.

 
Written By: VillageIdiot
URL: http://

 
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