SAN DIEGO California DUI News

San Diego Chargers linebacker Steve Foley's companion - when he was shot by an off-duty police officer in Poway - was sentenced for her San Diego California DUI conviction. She was ordered to serve 180 days in jail.

San Diego Superior Court Judge Charles Rogers said the evidence in the case showed that Gaut started the evening of Sept. 2 wanting to hang out with celebrities, but ended up in a situation that devolved into chaos.

“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 – a car – and misdemeanor San Diego DUI. She was acquitted of assault with a deadly weapon on a peace officer.

Off-duty Coronado police Officer Aaron Mansker testified that he was driving home from work shortly after 3 a.m. – in his personal car and street clothes – when he saw Foley's 1971 Oldsmobile Cutlass driving erratically along state Route 163. He radioed for assistance and was told that a California Highway Patrol officer was responding.

Mansker followed the Oldsmobile for 24 minutes, talking the Pomerado Road exit from Interstate 15 and heading toward Poway.

Mansker said he contacted Foley and Gaut several times, but they ignored his commands. When Foley stopped his car near his home at the bottom of Travertine Court, the officer said he decided to give up and drive off, but he realized he had driven into a cul-de-sac.

Mansker said he saw Foley walking up the hill with Gaut behind the wheel of the Oldsmobile following closely behind.

Mansker testified that he got out of his car and fired a warning shot into a dirt berm as Gaut drove the car straight at him. He said Foley continued to approach him and reached into his waistband as though he had a weapon, so he fired again.

Foley was wounded in the knee, hip and hand. Police said he was unarmed.

Foley has since pleaded guilty to a misdemeanor San Diego California DUI charge.

The judge said Foley had acted in a “random and chaotic way” and continued to advance toward Mansker even after the officer fired a warning shot.

He also said he considered Foley's “unpredictable and chaotic conduct” in sentencing Gaut.

Gaut had testified that she got behind the wheel to help Foley after he was shot but had trouble driving his heavily customized car.

Gaut said she regretted ever getting behind the wheel of Foley's car.