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After stopping at a red light, the off-duty officer pulled beside Foley, identified himself as a police officer, and ordered him to pull over, but Foley drove away, Brugos said. Foley stopped again, and got out of his car, approaching the officer, according to police. The officer again identified himself, pulled out a gun, and ordered the suspect several times to stop, Brugos said.

“However he continued to walk toward the officer, making the statement, 'That's a bb gun',” Brugos said.

Foley then got back into his car and the off-duty officer followed him to a cul-de-sac in Poway, where Foley lives.

Foley got out of the car and started walking toward the officer, while his female passenger drove the car alongside him, Brugos said. The officer identified himself again and then fired a warning shot into the bushes, Brugos said. Brugos said the female then revved the engine and drove directly at the officer, by then out of his car; the officer fired two shots at Foley's vehicle. The officer was not hit by the car.

Foley reached into his pants with his right hand as he approached the officer and the officer fired at the suspect. Foley acknowledged he'd been shot, Brugos said, but continued to move toward the officer, who fired again. Foley then fell to the ground.

Foley was taken to a hospital and the female passenger was taken to the Poway sheriff's station for questioning.