Prosecutors seek Foley blood sample, suspect steroids

SAN DIEGO (AP) Chargers linebacker Steve Foley's blood-alcohol level was nearly three times the legal limit when he was shot by an off duty police officer, and investigators now say they want to find

Friday, September 15th 2006, 5:48 am

By: News On 6

SAN DIEGO (AP) Chargers linebacker Steve Foley's blood-alcohol level was nearly three times the legal limit when he was shot by an off duty police officer, and investigators now say they want to find out whether steroids may have been a factor in his erratic behavior.

Prosecutors requested a sample of Foley's blood Thursday from Sharp Memorial Hospital to test for performance enhancing drugs, according to an affidavit for a search warrant. Authorities have no evidence that the 31 year old used steroids, but asked for the test because of his previous run-ins with police.

``His history of aggressive and even violent contact with law enforcement indicates the possibility of more than mere alcohol involvement,'' criminal investigator Dan Nordell wrote in the affidavit. ``(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.''

The linebacker was reported in fair condition at Sharp Memorial earlier in the week. Foley's attorney, John G. Phillips, refused to comment on the affidavit.

``I have no comment about whatever they're doing,'' said David Levine, Foley's agent. ``That's not going to be my part in this.''

The NFL conducts urine testing for steroids. It does not conduct blood testing to detect drugs such as human growth hormone.

In 2000, Foley told Cincinnati reporters he was in the NFL's alcohol rehab program after getting a DUI the previous year.

Chargers coach Marty Schottenheimer said after Thursday practice that he had nothing to say about Foley's situation.

``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.''

Sheriff's investigators already have asked prosecutors to charge Foley with misdemeanor drunken driving. In the affidavit, Nordell wrote that Foley's blood-alcohol level was 0.233%, nearly three times California's legal driving limit of 0.08%, when he was shot September 3, outside his home in suburban Poway.

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. 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, the shooting occurred after Foley got out of the car and began walking toward the officer, who said he was armed and fired a warning shot. The officer fired after Foley reached into his pants.

Since 1999, Foley has been arrested at least five times, including cases that police say involved alcohol and confrontations with officers.