"He chose not to speak to us," Sheriff's homicide Lt. Dennis Brugos told the San Diego Union Tribune.
Foley, 30, was shot three times -- in his hand, upper thigh and lower inner thigh -- near his home in Poway, Calif., following an altercation with Aaron Mansker, a Coronado, Calif., policeman who was not in uniform, the Union Tribune said.
Mansker said he had pursued Foley for suspected driving under the influence, the newspaper reported.
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