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Affidavit details police shootout with suspect

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Posted on April 7, 2014 |
By Zach Despart



LEICESTER — A Vermont State Police affidavit filed in Addison County Superior Court Monday detailed the shootout early Sunday morning between police and a Leicester man that left two troopers wounded.

Police said Timothy Foley, 47, broke into his neighbors’ home a little before 3 a.m. Sunday and shot Mahlon McCoy and attempted to shoot his wife before returning to his home across Lake Dunmore Road. When police surrounded Foley’s home, he shot two troopers who were attempting to get Foley to come outside and talk with them.

All of the victims sustained non-life threatening injuries.

The affidavit, written by VSP Det. Sgt. Robert Patten, alleges that Foley, who lives at 1509 Lake Dunmore Road, entered the McCoys’ locked residence at 1496 Lake Dunmore road. Police said Foley entered the bedroom where Mahlon McCoy, 65 and Joyce McCoy, 60, were sleeping.

According to police, Foley carried a shotgun loaded with a mix of birdshot, buckshot and slugs. Foley shot Mahlon McCoy, who was partially paralyzed after sustaining a stroke in 2008, in the head with buckshot, according to the affidavit. He then allegedly fired a slug at Joyce McCoy that missed her by a matter of feet and passed through the headboard of the bed and several interior walls before exiting the house.

According to police, Joyce McCoy waited about five minutes before calling 911 because she feared the assailant, whom she did not initially know was Foley, was still in the home. Foley called police at 2:58 a.m. to report her husband had been shot.

Just hours before the shooting, Foley himself called 911 to complain of hearing a child screaming near his house. Brandon police responded to the scene and talked with several neighbors, including the McCoys, and determined the complaint to be unfounded.

According to the affidavit, Foley is “known to law enforcement as having both a drug and mental health history.”

After McCoy’s 911 call, officers from Vermont State Police and the Brandon Police Department arrived on and secured the scene, and emergency personnel transported Mahlon McCoy to Porter Medical Center in Middlebury. Officers found a shotgun shell on the floor of the McCoy’s bedroom. Shortly before 4 a.m., VSP Sgt. Eugene Duplissis discovered tracks leading from the McCoy home across the street to Foley’s home. Duplissis also found blood on the door of Foley’s home. Based on this information, police set up a perimeter around the home at 1509 Lake Dunmore Road.

No one answered when police knocked on the door of the home. Duplissis shouted that he was with the state police, and invited Foley to come outside to speak with officers. At this point, darkness began to recede. The sun rose on Sunday at 6:24 a.m., with first light detected around 5:20 a.m.

While setting up the perimeter, another neighbor of Foley notified police that Foley had called him from inside Foley’s home. From the neighbor’s home, Trooper Cathy Cappetta spoke with Foley by phone multiple times. According to the affidavit, Foley told Cappetta he was “just trying to protect himself.” Cappetta told Foley police were not there to harm him, but Foley hung up on her.

Four uniformed troopers — Duplissis, Cappetta, Trooper Matt Daley and Trooper Joseph Szarejko, — maintained the perimeter.

During this standoff, police said Foley broke a window of his home and fired at police, striking Daley in the head and face. Duplissis threw a flash bang grenade, which did not detonate, in an attempt to create a diversion in order to drag Daley to safety. Duplissis also ran up to the home, smashed a window and fired into the house.

During the firefight, Duplissis was also shot in the head and face, with what officers believed to be birdshot. Daley and Duplissis were able to take cover behind a woodpile, next to Cappetta.

After 20 to 30 minutes, police said, Foley yelled to police and asked if he could come out. Cappetta ordered Foley out of the home with his hands raised, and he complied. Cappetta then placed Foley in handcuffs.

After Foley surrendered, police searched the home and found a single firearm, a loaded twelve-gauge shotgun police believe Foley used in all three shootings. Police also found three spent shells inside the home.

Troopers Daley and Duplissis, who both work out of the New Haven barracks, were placed on administrative leave, per department protocol. According to the affidavit, Mahlon McCoy was transported to Fletcher Allen Health Care in Burlington to undergo reconstructive surgery of the right side of his face.

Foley was due to appear for arraignment in Rutland County Superior Court Monday afternoon, but refused to appear. An attorney assigned to represent him pleaded non guilty on Foley’s behalf to two counts of attempted murder, for shooting at the McCoys, and two counts of aggravated attempted murder, for shooting Daley and Duplissis.

If convicted, Foley faces life in prison.

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