Tuesday, June 21, 2011

Page, AZ: Page officer kills man in DV incident

PAGE -- A police officer responding to a domestic violence call shot and killed a well-known Page businessman during a fight Sunday night.

The shooting is believed to be the first officer-involved shooting in Page's 54-year history.

According to information from the Coconino County Sheriff's Office, William Foust, 50, of Page, was pronounced dead at the Page hospital a short time after the shooting. The officer involved, Shawn Wilson, who has five years on the force, has been placed on administrative leave pending the outcome of a criminal and an administrative investigation into the shooting.

The shooting happened at 6:16 p.m. on the 800 block of Vista Avenue at B & T Marine, owned by Foust. At about 6 p.m., Page police received a 911 call of a domestic violence incident happening at the business.

Before Wilson arrived, the suspect, Foust, had fled the area. While the officer was talking with the female victim, Foust returned and engaged in a heated argument with the woman.

According to the sheriff's office, Foust was "upset, loud and confrontational with the officer."

Wilson and Foust went outside the business and were soon involved in a physical altercation. Foust, according to the sheriff's office, attempted to gain control of the officer's Taser.

"The officer discharged his service weapon, striking Foust," stated a press release issued by the sheriff's office.

According to information from the police department, Wilson received minor injuries from a physical confrontation prior to the shooting.

Wilson and a second officer who arrived on the scene attempted to save Foust's life while the Page Fire Department responded with medics.

Page police Capt. Ray Varner said that Wilson is on paid administrative leave.

Police Chief Charlie Dennis said during a Monday afternoon press conference that he requested the Coconino County Sheriff's Office to conduct the criminal investigation. Assisting the sheriff's office is a Northern Arizona Officer-Involved Shooting Investigation Team led by Lt. Tim Cornelius of the Sheriff's Office.

Dennis said he also contacted Robert Halliday, director of the Arizona Department of Public Safety, and requested investigators from his agency to conduct the internal investigation, and Halliday agreed.

Upon completion of the sheriff's office investigation, the case will be turned over to the Coconino County Attorney's Office for review to determine if criminal charges apply in the case.

PRIOR CONTEMPT ARREST

Foust, who owned B & T Marine with wife Toni, was jailed in December after filing sovereign citizenship status regarding a court matter in Kanab, Utah. Foust was contesting a traffic ticket received July 1 for speeding in Kane County, Utah, when he refused to acknowledge authority in the courtroom.

Foust had made a slew of filings, including an affidavit of political status, Uniform Commercial Code financing statement, a property list, power of attorney, commercial security agreement, indemnity bond, hold harmless and indemnity agreement, non-negotiable security agreement, legal notice and demand definitions, along with a motion to dismiss.

He also refused to provide his birth date to the court, failed to appear and was charged with contempt. His fine for a traffic violation increased from $115 to $1,052. The contempt fine was later reduced to $250.

Page, founded in 1957 by builders of Glen Canyon Dam, has experienced only a few homicides. A night clerk of a motel one block from B & T Marine was killed in 1995, and a transient was beaten to death at Page City Park in February 2008. In 1998, a 40-year-old man died of injuries sustained in a bar fight, with the charge reduced to manslaughter. The city also recorded a murder in 1983, also from a bar fight.

3 comments:

RobertAZ said...

Since when is it police protocol for only one officer to respond to a DV call? This story recounts that the man was shot by this police officer and only then did the second officer arrive on the scene and attempt to save William Foust's life. Is it as apparent to you as it is to me that the violence of this story may well be in the police officers response to the DV call and all may not be what is strung together in this article. Let's see of the love between this couple reveals a different story as the investigation unfolds in the days and weeks ahead.

DarylinMesa said...

The whole thing stinks. I knew Billy and he did not deserve any of this. Billy had been harassed by that same cop for many different things, each one ending with a civil citation of some sort. Each time they went to court, Billy defeated the officer in court. This officer showing up to a DV call alone, to Billy's boat shop, raises many questions. I can only hope truth prevails and those who committed wrong acts in this tragic event be brought to justice. So very, very tragic for Billy and his family.

How many more times is this scenario going to play out before the police realize, they need to take a different approach? Too many office involved killings on DV calls in AZ.

TominAZ said...

The account according to witness testimony differs of course with the Police account. Here's the account according the witnesses: Billy was not under arrest but only wanted for questioning regarding the Domestic Dispute. Being that Billy was not under arrest, there was no obligation for him to stick around and answer questions of the officer (Maranda rights). Exercising his rights he entered his vehicle and began to exit the scene (exiting a bad situation, crazy wife, crazy cop with history of abusing him). Shawn, knowing he had no charges to arrest Billy, had to create a 'situation' by immediate moving into the path of Billy's truck as Billy was backing out, enough to get grazed by the rear view mirror. At this point, Shawn felt he had a reason to arrest Billy because of the 'assault' by the rear view mirror and opened the door and began pulling Billy from the truck. He grabbed a hold of Billy's shirt which got pulled over Billy's head. At this point Billy pulled the shirt off as it was obstructing his view. At this point Shawn shot the tazer, and then Billy removed the tazer prongs from his chest. In police lingo this is translated as "Billy rustling and gaining control of the tazer". Tazer is actually on the ground at this point, because Shawn dropped it and it's out of reach of the scuffle. Shawn, at this point felt out of control of the situation and out of fear and paranoia, reached for his pistol and immediately began shooting. After pulling the trigger and shooting Billy in the face he immediately felt he did wrong and began screaming as if in shock. This is a case of a junior officer not knowing what power he had and didn't have acting in an adolescent manner because of a damaged ego which resulted in the death of a good man. He should be charge at a minimum with manslaughter in my opinion.