More information about an incident involving aggravated assault on a law enforcement officer on Monday outside Clements has become available through documents filed in the office of the Clerk of the District Court in Cottonwood Falls.
David Foley, 62, was arrested and taken to the Lyon County Jail in Emporia after he allegedly pulled a gun on Chase County Sheriff Richard Dorneker, who had gone to the Foley home after a request was called in to check on Foley’s welfare.
Foley since has been released on bond from the jail.
According to an affidavit and supporting statement filed in the case on Monday by Assistant Chase County Attorney Douglas P. Jones, Foley had not been heard from since Saturday morning, after a domestic problem occurred between him and his girlfriend. She reportedly left the residence Saturday morning.
In a statement submitted with the affidavit, Dorneker wrote that he knew Foley from past dealings, both at and away from Foley’s residence.
“Foley has been in the past, unstable and has been known to get very intoxicated and mean,” Dorneker wrote.
He could not make contact when he arrived at Foley’s home and, after checking all of the outbuildings, he went back to knock on the front door again and opened a screen door that led to the front porch.
“As I stepped in, Foley had opened the front door, pointed a silver revolver and said, I’ll kill you get the f--- off my property,” Dorneker wrote in the statement. “I stepped back to get behind the wall and I told Foley not to do this. Foley said get the f--- out.”
Dorneker went to get backup officers and called the Kansas Bureau of Investigation for assistance.
KBI Senior Special Agent Bill Halvorsen arranged for the KBI Special Response Team to assist the sheriff’s department.
The one-count complaint against Foley states that the threat was made against Dorneker while he was engaged in the performance of law enforcement officer’s duty “while in reasonable apprehension of immediate bodily harm with a deadly weapon.”
Aggravated assault on a law enforcement officer is a Level 6 Person Felony.
hellfirebluefish (anonymous) says...
I'm sure that Sheriff Dorneker identified himself as law enforcement when entering the home, didn't he?? I do believe from the information stated here, that the correct action was taken. I'm glad nobody was injured or worse. Although, what was the less than lethal force that was used, as mentioned in yesterdays Gazett?
Hats off to Sheriff Dorneker..
October 3, 2008 at 9:58 p.m. ( permalink | suggest removal )
biggest_small_townKS (anonymous) says...
Oh definitely, of course he identified himself as a law enforcement officer (dripping with sarcasm), don't they always?
Last time I checked we citizens had the right to protect our life and property in our own home, I don't think there's been enough time since the election for that to have been stolen away from us yet.
As stated in the article:
"He could not make contact when he arrived at Foley’s home and, after checking all of the outbuildings, he went back to knock on the front door again and opened a screen door that led to the front porch."
did he actually knock? did he even identify himself as he walked into this guys home?
“As I stepped in, Foley had opened the front door, pointed a silver revolver and said, I’ll kill you get the f--- off my property,” Dorneker wrote in the statement. “I stepped back to get behind the wall and I told Foley not to do this. Foley said get the f--- out.”
Can't say as a homeowner i would have done anything different. Warn the intruder....ONCE!
November 13, 2008 at 12:24 a.m. ( permalink | suggest removal )
Pollyanna (anonymous) says...
Tip 101 door answering civility......
Someone knocks on your door, peek out the window, notice there are lights on top of the vehicle. Utilize remaining brain cells to comprehend this as a sheriffs vehicle. Put the revolver and bottle down and answer the danged door!!! haha
Glad the incident was resolved without escalation.
November 13, 2008 at 8:28 a.m. ( permalink | suggest removal )