People v. Foley CA4/1

STATEMENT OF FACTS

The events in this case occurred on September 1, 2013, at the Oceanside residence

of appellant's mother Beverly Foley, age 81 and his father Milford Foley, age 86. Foley

lived at the residence with his parents. On that date police received two 9-1-1 calls. The

first reported a domestic disturbance. When Oceanside Police Officer Mark Wheeler

All further statutory references are to the Penal Code unless otherwise specified. 2 arrived, Beverly2 reported that her son and his father had been "at it again." Nobody at

the residence appeared to have been harmed so the officer left.

An hour later police received another 9-1-1 call from the residence. Officer

Wheeler was again the first to arrive. This time Wheeler found Beverly in the garage,

covered in blood and her face was badly swollen. She told Wheeler she had been

assaulted and stabbed by Foley.

While Wheeler was helping Beverly, he observed Foley open the door. Wheeler

told Foley to come out but he responded, "Fuck you. Come in and get me." Foley then

slammed the door.

More officers arrived and they used a public address system to order Foley out of

the house, but he did not respond.…