DOWNTOWN SAN DIEGO –
The woman who was with Chargers linebacker Steve Foley the morning he was shot by an off-duty police officer in Poway was ordered to serve 180 days in jail and was placed on five years' probation yesterday.
However, Lisa Maree Gaut may serve her time in work furlough, meaning she would be released from custody to go to work. She was ordered to return to court July 20 to begin her sentence.
Superior Court Judge Charles Rogers said the evidence in the case showed that Gaut started her fateful evening socializing with celebrities in a downtown bar but ended up in a chaotic situation.
“We are dealing with a confused, intoxicated and, in some ways, naive young woman,” Rogers said, explaining his decision. “That's not a case for prison, that's a case for probation.”
On April 26, a jury convicted Gaut, 26, of assault with a deadly weapon – Foley's 1971 Oldsmobile Cutlass – and misdemeanor drunken driving, stemming from a confrontation near Foley's home early Sept. 3. She was acquitted of assault with a deadly weapon on a peace officer.
During the trial, prosecutor James Koerber contended that Gaut tried to run down Coronado police Officer Aaron Mansker. Gaut testified she didn't know Mansker was a police officer, and the only reason she got behind the wheel of Foley's car was to come to his aid.
Mansker, 24, testified that he followed the pair from the Balboa Park area to Poway after seeing the Oldsmobile driving erratically on state Route 163. Mansker said he radioed a dispatcher from his black Mazda to ask for assistance and continued to follow Foley's car.
The officer said he had several run-ins with Foley after both cars got off Interstate 15 at Pomerado Road. When they reached Travertine Court, Foley got out of his car and approached Mansker, who was dressed in civilian clothes.
Mansker testified he decided to give up and drive away, but soon realized he had driven into a cul-de-sac. When he turned around, he saw Foley walking up the hill with Gaut – now driving the Oldsmobile – following slowly behind.
The officer said he fired a warning shot into a nearby dirt berm, and Gaut drove the car straight at him. Mansker fired at the hood of the Oldsmobile, which passed behind him and crashed into a curb.
Mansker said Foley continued moving forward and reached for his waistband, as if for a gun. The officer fired, wounding the athlete in the knee, hip and hand. Foley was unarmed.
Judge Rogers said yesterday that he considered Foley's behavior when determining an appropriate punishment for Gaut.
“It is evident to me that Mr. Foley conducted himself that night in a way that was unpredictable and irresponsible at best,” he said.
On May 3, Foley pleaded guilty to a misdemeanor drunken-driving charge and was placed on five years' probation. Lab results indicated that his blood-alcohol level was 0.16 percent, about twice the legal limit, a few hours after the shooting. He has a conviction for drunken driving in Louisiana from 1999.
Foley, who was released from the Chargers in February, has filed a lawsuit against the city of Coronado and Mansker.
Defense lawyer Raymond Vecchio said in court yesterday that Foley called Gaut recently to express regret for not testifying at her trial. Vecchio said Foley told her he was following the advice of his lawyers in the civil case.
In a separate felony case, Gaut pleaded guilty Monday in Northern California to unlawful taking of a vehicle. She could be sentenced to up to a year in jail in Solano County.
Gaut, who was free on bail during her San Diego trial, lives in Linda Vista with her grandparents, her 9-year-old son, an aunt and two cousins. Before her arrest in September, she did demolition work with a private contractor, a job her lawyer said she hopes to continue.
“I hope to work regularly,” Gaut said after the hearing, adding that she and her family were relieved by the judge's decision. She said her son in particular has been upset by the ordeal.
“He'll be happy to know that I'm coming home today,” she said.
Dana Littlefield: (619) 542-4590; dana.littlefield@uniontrib.com
