So I just sat through the second day of the preliminary hearing in which Judge Frederick Maguire was to decide whether prosecutors have presented enough evidence for Lisa Gaut to stand trial on felony and misdemeanor charges. As you know, Gaut was involved with the Steve Foley shooting which occurred on September 3rd, 2006.

Officer Aaron Mansker was on the stand, describing in detail, what exactly went on that night. Before I give you some of the brilliant “quotes” by Mansker, keep in mind that during his testimony, there were people actually chuckling in the courtroom at his absurd remarks.

First, a little bio on Officer Mansker. Prior to enrolling at Palomar College, Mansker worked as a “sales associate” at Millers Outpost. (Do they even exist anymore?) He then enrolled in a 13-month “academy” at Palomar College, and worked on campus as a “community service officer.” Duties included “parking enforcement, assisting students with lock-outs and jump starts”. He was asked if he took any “law enforcement classes” and replied “all types” including a criminal law class, juvenile law class, and field sobriety testing. After completing this extensive training, he was hired by the Coronado Police Department and given “no formal training, just field training.” His 4 phases of training with the Coronado PD included “observation, working with a field officer, learning the city, pretty much everything, and doing everything as a normal officer”. When asked if he witnessed any DUI arrests during this time, he replied yes. When asked how many, he couldn’t count. Question: Less than 50? Answer: Yes. Question: Less than ten? Answer: I couldn’t say.

On January 7th, 2006, Officer Mansker was set free on the streets of San Diego. From that time, until the Foley-gate incident, he stated that he had made “approximately 14 DUI arrests”. When he left the station that night, he put his uniform in the trunk of his car and headed home. En route, he noticed Foleys car swerving and attempted to get close enough to read the license plate. Question: How close were you to the car in order to read the numbers? Answer: “Closer than I wanted to get”. Which means the reject was riding Foleys ass.

So he follows Foleys vehicle at about 85-mph, while “trying to stay one car length for every ten miles per hour, approximately 9 car lengths behind”. After exiting the freeway, Foley pulled over approximately 3 times for Mansker, who at no time displayed any form of Police Identification.

On one stop, Mansker rolled down his window and said “Police, I need you to pull over”. Again, no ID or badge was displayed. Foley replied “Oh shit” and drove away. When asked if he felt Foley might have perceived him as a carjacker, the reject replied no. (I think they offer ESP training at Palomar).

Once they arrived on Foleys street, Foley stopped the vehicle and got out. Mansker exited his vehicle, said he was a cop, again, without displaying any identification. As Foley approached, “I exited my vehicle, yelled police officer, stop.” Mansker then displayed his gun, to which Foley replied, “That’s a BB-gun” and went back to his car.

Around this time, according the dispatch reports, Mansker was told to “stand-by,” back up was “en-route”. This is my favorite part of the story…Mansker now decides, “It wasn’t worth it to continue” and decided to leave. He unintentionally ends up at the end of the cul-de-sac and cowers behind his car door, anxiously waiting for back-up. Meanwhile, Foley is walking up the hill towards the reject and Gaut is driving the car behind Foley. Mansker fired a warning shot and again verbally ID’ed himself as a cop. When asked the approximate speed of the car Gaut was driving as she “came at him,” Mansker testified “if you had the pedal all the way to the floor”. Foleys car is a speed-demon. If this were the case, and her intentions, Mansker would not be walking right now. Plus, Mansker couldn’t see her foot on the pedal OR down the hill from the direction they were coming. Anyway, she swerves by him, he fires two shots, “at the situation” and as Foley was “reaching into his waistband with his right hand” Mansker shot him in the leg. Gauts attorney earned a few hot points with his follow-up question: So when Mr. Foley reached into this “proverbial waistband”- objection-sustained…. laughter erupted. It was beautiful. Question: Did you think to show him your badge? Answer: No I didn’t. Foley then got up and said “You just shot me in the knee” and took a couple steps towards him. Mansker stated the only reason he shot him was because he ‘reached’ into his waistband. Standard textbook answer. There was no gun on Foley, no visible bulge (of a gun) and no indication that Foley had a weapon.

My take, for what its worth. Is that this wanna-be cop was acting completely out of line by following Foley and Gaut, firing his gun “at the situation”, not displaying any ID at ANYTIME, and not calling for back-up earlier. Mansker is a big, white, chubby guy who, I’m willing to bet, got picked on in high school for being such a dork. He made it all the way to the Coronado Police Department and is under a false impression of what it means to be a cop. Just because you have a ‘badge’ doesn’t mean you got the “power”.

Mansker’s recollection of the incident is riddled with holes. Unfortunately, our legal system isnt perfect and Judge Maguire concluded that Lisa Maree Gaut is to stand trial for this ridiculous, cop-gone-crazy incident.

I promise a yummy, sporn filled blog later today…I just had to get this outta my system. For now anyway.

Delinda