More news. The judge has issued a gag order. Plus this from a couple weeks ago:
Woman pleads not guilty to chargesBy Dana Littlefield
UNION-TRIBUNE STAFF WRITER
September 8, 2006
PEGGY PEATTIE / Union-Tribune
Lisa Maree Gaut was arraigned Thursday in the case involving Chargers linebacker Steve Foley. The charges against her include assault with a deadly weapon on a peace officer.
Conflicting versions of the controversial shooting of San Diego Chargers linebacker Steve Foley unfolded yesterday during and after a court hearing in which Foley's female companion pleaded not guilty to criminal charges.
The prosecutor painted a picture of drunken, criminal behavior in which Foley was wounded by an off-duty police officer who felt he was “trapped” in a cul de sac near Foley's home and in danger of being rammed by the woman at the wheel of Foley's vehicle.
Meanwhile, the woman's lawyer said she acted “heroically” and that neither she nor Foley realized that the man trying to stop them on suspicion of drunken driving was an officer.
The lawyer said Foley and the woman thought they might have been the targets of a carjacker or “an over-exuberant fan” early Sunday morning before the officer shot Foley in the confrontation.
Lisa Maree Gaut, 25, of San Diego pleaded not guilty yesterday in San Diego Superior court to four felony and misdemeanor charges, including assault with a deadly weapon on a peace officer and driving under the influence. If convicted, she could be sent to prison for up to five years.
Foley, who was unarmed that morning, has undergone two surgeries at Sharp Memorial Hospital. He suffered wounds to his hand, upper thigh and lower inner thigh, a source said.
Foley was moved out of surgical intensive care yesterday. He was visited by family and teammates, who said he was in good spirits.
A spokesman for the District Attorney's Office said yesterday there “is no word yet” on whether Foley will be charged with any crimes. Police said Wednesday that Foley has refused to speak to detectives investigating the shooting.
Judge David M. Szumowski set Gaut's bail at $35,000 and scheduled a bail review hearing Tuesday. The judge also scheduled a Sept. 20 hearing at which prosecutors are expected to present evidence in the case.
Meanwhile, Gaut remains in custody at Las Colinas Detention Facility in Santee.
Outside the courtroom, Gaut's lawyer, Raymond Vecchio, rebutted prosecutors' claims that Gaut tried to ram the officer when she got behind the wheel of Foley's Oldsmobile Cutlass Supreme during the confrontation. Instead, Vecchio said, Gaut was coming to Foley's aid when she saw the officer shoot Foley in the cul de sac after the officer had followed and attempted to stop them for erratic driving.
Deputy District Attorney James Koerber told the judge that the off-duty Coronado police officer – identified as Aaron Mansker, 23 – was driving home to Escondido from work about 3 a.m. Sunday when he saw the Oldsmobile “weaving all over the road” on northbound state Route 163.
Koerber said Foley, 30, was in the driver's seat of the Oldsmobile and Gaut in the passenger's seat. They had been drinking at a bar in downtown San Diego for several hours before getting into the car, the prosecutor said.
Koerber said the officer, who was not in uniform and was driving his own car, followed Foley and called for assistance by radio. The prosecutor said Foley drove up to 90 mph before getting off the freeway in the Poway area.
When they reached a stop sign, the officer pulled his car up to the driver's side of the Oldsmobile and identified himself, but Foley uttered an expletive and drove off, the prosecutor said.
Foley and the officer stopped two more times before the pursuit ended near Foley's home on Travertine Court, the prosecutor said. He said the officer repeatedly identified himself to Foley and Gaut, both of whom ignored his commands.
After the final stop, Mansker decided to drive away, the prosecutor said. But the officer then realized he had driven into a cul de sac and was trapped.
Foley started walking past his house and toward the officer, Koerber said. When Mansker fired a warning shot into the bushes, Gaut – now behind the wheel of the Oldsmobile – drove around Foley and “tried to ram the officer,” the prosecutor said.
Koerber told the judge that Gaut was arrested in July 2004 in Solano County near San Francisco on suspicion of driving a stolen vehicle, but failed to make any court appearances. According to court records, Solano County prosecutors have also accused her of receiving stolen property and possession of a forged check.
Gaut's lawyer said the facts of the case would eventually show that his client “acted heroically and not criminally.” He said after the hearing that Gaut tried to come to Foley's aid and “lead him to safety,” but never put the officer in any jeopardy.
Vecchio said the officer fired at Gaut twice, but she was not injured. He said the key to the whole case is whether Gaut or Foley understood that Mansker was a police officer.
“It could have been a carjacker; it could have been an over-exuberant fan,” Vecchio said. “He did not know. She did not know.”
Vecchio said he had not received reports yesterday of Gaut's blood-alcohol content the night of the shooting. He described Gaut and Foley as “friends” and said she was not used to driving Foley's restored 1971 Oldsmobile, which may explain the revving sounds of an engine that neighbors reportedly heard.
Her father Terry Gaut, who lives in New Mexico, said he has stayed glued to television news reports and Internet blogs for updates on his daughter's case. “She's a good kid really. She's just had some tough times,” he said yesterday, adding that his daughter is a single mother who works construction jobs.
“I can only imagine what she felt after getting shot at,” he said. “When I heard that, it really scared the hell out of me.”
Staff writers Kristina Davis and Jim Trotter contributed to this report.
http://www.signonsandiego.com/news/metro/20060908-9999-7m8gaut.html
