Details emerge in Chase Co. incident

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By Bobbi Mlynar (Contact)

Friday, October 3, 2008

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.