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Friday, Jan. 09, 2009

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Board finds deputy justified in shooting

By Paula Horton, Herald staff writer

A Columbia County sheriff's deputy was justified when he shot a Dayton man last month, a shooting review board found.

Deputy Don Foley shot Roy Rogers Clark, 64, in the chest Dec. 6, after the deputy was called to 618 Robinette Mountain Road to handle a property dispute between neighbors.

Clark is accused of firing his rifle at Foley, who then returned fire and hit Clark in the chest.

"It is the conclusion of the shooting review board that ... the shooting was justified to protect the life of Deputy Foley and the two civilians present at the time," Sheriff Walt Hessler wrote in a synopsis released Thursday by the prosecutor's office.

Foley presented information about the incident to the shooting review board Dec. 10, then went to the scene with the board members to walk through the events leading up to the shooting.

Members of the shooting review board were Hessler, Columbia County Undersheriff H. Lee Brown, Columbia County Deputy Sheriff Richard Loyd and Asotin County Sheriff Ken Bancroft.

According to court documents, Clark's neighbors, Candice and Cecil Harrison, called police because Clark had locked a metal gate across the single gravel road used to access their properties.

After trying to unlock the gate, Deputy Foley climbed over and saw Clark holding a rifle while sitting in front of a tree about 50 feet away, documents said.

After repeatedly refusing to drop the gun, Clark turned it toward Foley and fired, documents said. The deputy returned fire.

Clark was treated at a Richland hospital, then booked into the Walla Walla County jail.

He has pleaded innocent to a charge of first-degree attempted aggravated murder for shooting at Foley.

Clark also was charged with two counts each of first-degree assault and first-degree attempted assault, and one count of first-degree attempted aggravated assault.

All the assault charges carry a deadly weapon enhancement, which could automatically add extra time to the sentence, if convicted.

Clark's trial is Feb. 10 and has been assigned to Walla Walla County Superior Court Judge Donald Schacht.

Foley was placed on administrative leave after the shooting, according to department policy, but has returned to duty.



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