Foley's blood alcohol level 0.233 percent when shot
SAN DIEGO -- Chargers linebacker Steve Foley had a blood-alcohol level of 0.233 percent, nearly three times California's legal limit of 0.08 percent, when he was shot Sept. 3 outside his home.
Prosecutors on Thursday noted the level in an affidavit for a search warrant as they requested a blood sample from Foley on suspicion that he was using performance-enhancing drugs when he was shot and seriously wounded by an off-duty police officer.
Authorities have no evidence that Foley was using performance-enhancing drugs but want to test his blood because the linebacker has had previous run-ins with law enforcement, according to the affidavit
Investigators have already asked prosecutors to charge Foley with misdemeanor drunken driving.
"His history of aggressive and even violent contact with law enforcement indicates the possibility of more than mere alcohol involvement," wrote criminal investigator Dan Nordell. "[Steroids] can cause erratic behavior in those that use them. This has been given names like 'roid rage for the uncontrollable outbursts and violence experienced by some users."
Foley's attorney, John G. Phillips, refused to comment on the affidavit. His agent, David Levine, also declined to comment.
"I have no comment about whatever they're doing," Levine said. "That's not going to be my part in this."
Chargers coach Marty Schottenheimer said after a team practice that he also had nothing to say about Foley's condition or the investigation.
"I'm not given to making pronouncements, particularly in matters of that nature," he said.
Representatives for the Chargers also declined to comment, citing the "sensitive nature" of the investigation, but the team issued a brief statement: "The Chargers hope that everyone will wait until all of the facts are revealed and not rush to judgment."
Authorities are seeking the blood sample from Sharp Memorial Hospital, where Foley was reported in fair condition earlier this week.
Foley was shot three times -- twice in the back of the left leg and once on the outside of the left thigh -- by an off-duty Coronado police officer near his home in suburban Poway. San Diego County sheriff's officials said the officer followed Foley's car on suspicion that the driver was drunk.
According to the sheriff's department, Foley got out of the car and began walking toward the officer, who said he was armed and fired a warning shot. The officer shot Foley after the linebacker reached into his pants with his right hand.
The officer, Aaron Mansker, has been placed on paid administrative leave.
The NFL tests players for performance-enhancing drugs, although there are no reliable tests for human growth hormone. Players are randomly selected for testing and can be tested during the offseason.
In 2000, Foley told Cincinnati reporters he was in the NFL's alcohol rehab program after getting a DUI the previous year.
Since 1999, Foley has been arrested at least five times, including cases that police say involved alcohol and confrontations with officers, The San Diego Union-Tribune has reported.
In April, he was arrested for investigation of resisting arrest after police said he scuffled with officers. He also was booked for investigation of battery on a police officer and public drunkenness, but the district attorney's office decided there wasn't enough evidence to bring charges in that case.
Before that, Foley pleaded guilty to drunken driving in Louisiana in 1999 and received probation.