Ex-Chargers Steve Foley's Case settled

DVFlyer wrote: It's a local thing, but has anyone here followed the Steve Foley case?

In a nutshell, an off-duty police officer was driving home and saw a car driving recklessly and decided to follow him. At one point, he motioned to the driver- who turned out to be Steve Foley, and San Diego Chargers football player- to pull over. The off-duty officer was not in uniform, was driving his civilian car and did not show him his badge.

He followed Foley to his home on a cul-de-sac and got out of the car. He had called for back-up, but it had not shown up at this point. Foley got out of his car and started to approach the officer who drew his gun and identified himself as a police officer. Foley did not believe the gun was real, so the officer fired a shot into a nearby grassy area.

At one point, Foley moved his hand toward his beltline or pocket and the officer thought he was going for a gun, so he shot him. Foley suffered injuries to his leg that ended his career as a professional football player.

Foley's blood alcohol level was tested to be 3 times the legal limit.

The case was settled a few days ago for $5 million dollars awarded to Steve Foley.

What is the consensus here about the settlement?

stella6979 replied: I think it's ridiculous.

My3LilMonkeys replied: Honestly I think both parties were at fault. I don't think that settlement sounds fair but off the top of my head I don't know what would be fair either.

grapfruit replied: IMO it's the "fruit of the poison tree". Mr Foley should never of been driving b/c of his BAL. If he was obeying the law he wouldn't of been shot and wouldn't of ended his career.

What if he would of killed a family instead of being shot?

My2Beauties replied: As far as him driving drunk, it's dispicable, he needs to serve some time. But as far as him getting shot he didn't deserve that, the officer needs to be terminated. You don't pull someone over without a badge in an unmarked car in civilian clothes, what did he think this guy was gonna do? I mean I would have tried to hurt him too.

lisar replied: I would have had to seen a badge or I would have shot back. Anyone can say "I am a police officer" and not be one. I would have asked to see a badge and if he didnt show me one, he had his gun drawn and I had half a second I would have had mine drawn.

stella6979 replied:
I absolutely agree!!!!!

cameragirl21 replied: Well, I will say that while I am a chronic speeder and think cops are way overzealous when it comes to that, I have a zero tolerance policy for drunk driving.
BUT, clearly, Foley made it home ok and there was no reason the cop couldn't wait for backup.
I think it's a real shame that someone's career had to be ended over a spur of the moment decision by a policeman and while I think he should be arrested for drunk driving and prosecuted to the fullest extent of the law as far as that goes, he does deserve to be compensated for the loss of wages due to his career being ended overnight but one policeman's error in judgment.
I think that cop should be prosecuted too, there is NO reason he couldn't have waited for backup once Foley made it home and was no longer a threat on the road.

cameragirl21 replied:
ITA!!!!

grapfruit replied: I have a question for you all.


What if there was a situation where an off duty police officer shot somebody to rescue a child? Or came upon a bank robbery where shooting the perp in the leg saved the day?

Would you be as quick to condem the actions? Or would he be touted as a hero?



Perception is everything. I agree that the officer was in the wrong b/c he was off duty, but he was trying to keep him from killing somebody. If anything I think whoever is paying the $5 mill should have to pay for his medical bills. That's it.

And Foley should be punished to the extent of any other Drunk Driver.

stella6979 replied: I also think that if you're a cop, you are always on duty. Their job is to protect the people and if that officer honestly thought Foley was reaching for a gun, he has every right to protect himself.

grapfruit replied:
I don't know about other states, but I imagine it's the same.

If he would of waited, and Foley went into the house. He could down a couple of shots, come to the door w/a beer and there'd be NOTHING they could do. No proof that he didn't start drinking once he got home....

cameragirl21 replied:
Casey, someone's career is over because of one trigger happy cop that did not even identify himself as a cop. And he wasn't stopping him from killing someone if Foley already made it home and thereby was no longer a menace on the road.
Remember that professional athletes range from very famous, like Derek Jeter and Arod to just locally famous but they are all at least a little famous and are going be wary when some guy (that is what a cop without uniform and a cop car appears to be) follows them home and whips out a gun.
That cop should not be a cop, there is no reason to pull a gun on someone who is not a direct threat.
Also, for pro athletes, very often, their sport is the only career they know, they've worked hard for it since they were kids and very often, it's the only way they know how to make a living. 5 million is a paltry settlement for ending an athlete's career imo.
But yeah, he should be prosecuted for driving drunk just as much as anyone else who does that.

stella6979 replied:
In the original post it says that the cop drew his gun and identified himself as an officer.

cameragirl21 replied:
How? Did he show a badge or any proof? Anyone can claim to be an officer and even a badge can be faked.
Just imagine you are famous and someone follows you to your (probably rather swanky) home at night and pulls a gun on you...what would you think?
He should have waited for back up and if it hadn't come on time then so be it. There is no reason to shoot someone who is not causing any immediate harm to anyone.
Again, I have no tolerance for driving drunk but no tolerance for trigger happy cops or anyone else either.
Ending someone's career should be taken seriously too, imagine someone took away your right to make a living in a career you'd been working toward since you were in grade school and all over an error in judgment.
That is not right imo.

grapfruit replied: Sure, he made it home THIS time. What about the next time?

Actually, the officer DID identify himself as a police officer



from: San Diego newspaper

I'm not saying he should of shot him. Obviously that was WAY over the line. He should of showed him his ID, he should of done a lot of things. Should of called for back up sooner. Should of, could of, would of.

I'm just saying that Foley was WRONG to be driving drunk to begin w/. If he would of been responsible and had somebody else drive him home, took a cab, SOMETHING.

I don't understand how these people that make MILLIONS, don't have somebody to drive them home. Instead they'd rather drive home themselves.

And I guess, for me, it's hard to jump to condem the cop w/o the entire situation known. What if Foley said, "Forget you cop, I'll shoot you where you stand" and then went for his belt. Would that make you feel different?

I don't know that situation. It IS a fact that Foley was 3 times over the legal limit, no disputing that.

lisar replied:
In our concealed weapons class they teach you that you are allowed to do this as a civilian. A cop can show his gun at all times and civilian cant. We have to hide ours. But they taught us that if someone is trying to really hurt a child or the child is in major danger then yes we can shoot them to save the life of another being.

grapfruit replied: Well Yeah, I'd personally would of called the police myself if some unmarked car tried to pull me over. I would also not get OUT of the car unless they showed a badge...but I also wouldn't of been driving drunk.

IMO Foley is partially to blame for his career ending. He could of easily been in a career ending accident right? Yes, THIS time he wasn't, guess he was lucky in that aspect.

stella6979 replied:
Well the cop did say that he saw Foley reach for something, so if he had waited he could have been the one shot. Who knows? I just don't think it's fair to call him trigger happy as noone knows what they would do in a situation like that. If the cop felt threatened, he had every right to protect himself. JMO.

lisar replied:
Then Foley should have asked to see a badge or something. But like you said: Should of would of, could of. In the moment people are heated and dont think clearly so he might not of thought of that.

cameragirl21 replied:
I'm not a cop but imo, and it's jmo, I think a cop should know better than to walk into a situation like that without backup, given that he a. not in uniform and therefore not easily identifiable as a cop, b. going after a famous person who is likely to feel more threatened by an unidentified man approaching him than a non famous person and c. at the famous person's place of residence, which to most of us would be seen as an intrusion. You're also dealing with someone who is drunk and may or may not be rational.
Drunk driving imo is a serious crime and should be treated as nothing less than that, I revile drunk drivers BUT I also think cops tend to overstep their authority without thinking of the consequences of their actions and that is just as deplorable imo.

DVFlyer replied:
I think this is the crux of the situation.

Although had he identified himself as a cop by showing his badge, Foley probably would have said it was fake... as he did with the gun.

The officer did not know this person was famous, but I can't imagine him not understanding that he is following someone home who might wonder why a car was following them.

From what I understand, the officer followed procedure except for not showing his badge....and for the life of me, I can't understand why, when he pulled up next to Foley while following him, did not show him his badge. I also understand this is not the first time the officer has done this.

IMO, Foley should be prosecuted for drunk driving, reckless endangerment (he had a passenger) or whatever the DA wants to pin on him and the officer should be fired for not following procedure.

Because he is an officer of the law, his biggest weapon is his badge (and brain of course). The fact he didn't use his badge, tells me he is unfit to be a cop. Also, just putting your hand toward your waistband does not indicate a direct threat...IMO. I don't know what the police procedure is, but I'm pretty sure they need to see a weapon.

Since it was dark, since the officer did not use his badge, since he shot someone without seeing a direct threat, he deserves to lose.... And he cost the taxpayers $5 million.

Weather it's worth $5 million is another story.....

cameragirl21 replied:
I think it's easily worth 5 million given that a pro athlete can make way more than that in one season. It's too bad the taxpayers have to foot the bill and not the cop himself, who obviously doesn't have 5 million.
I think the cop got off way too easily, especially if he's still a cop.

DVFlyer replied:
Exactly my point...

Foley was going to make something like $5 million a year.... So $5 million would seem low. But he was also old- professionally speaking- so who knows.

I heard he was satisfied with the judgment and is looking forward to going back to school and spending time with his daughter.

Boo&BugsMom replied:
Me too. Personally, if he wouldn't have been driving while INTOXICATED , then none of that would have happened in the first place. You lay in the bed you make, and he chose to drive drunk. I don't blame the officer, even if he did make a mistake...the officer would have never had to follow him and nothing else would have happened had he not been drunk. Period. I think because of the circumstances (him driving under those conditions) he should get squat! JMO.