Gregory Foley
  • Gregory Foley

Gregory Dale Foley, 56, pleads not-guilty to the attempted murder of his 81-year-old mother and cruelty to his 86-year-old father, in a trial that began yesterday, July 29, 2014.

The prosecutor played a chilling 911 call from September of last year, in which Mrs. Beverly Foley is heard begging the dispatcher to send help; then there is a moment of silence before a man’s voice is heard in the background saying, “You’re dead, you’re fucking dead;” and then the line is disconnected.

Oceanside police responded after 6 p.m. to the home in the 4000 block of Milano Way, where Gregory Foley had been living with his parents, and found the adult son brandishing a knife, according to statements in court.

Beverly Foley suffered multiple facial fractures from a beating, and cuts to her hands and arms from a knife, the jury was told in opening statements.

Milford Foley, 86, was found locked in an upstairs bathroom and was not as severely injured as his wife, according to the prosecutor.

Police fired multiple rounds of rubber bullets at Gregory Foley, which failed to subdue him; then officers shot him in the shoulder, the prosecutor said.

Beverly Foley survived the incident and was the first person called to testify. Her husband Milford passed away late last year.

Defense attorney Lacey Martz suggested that Beverly Foley suffered from dementia and that it was her “threatening and violent behavior” that triggered the violence. The defender told a jury of seven women and five men that there are “a lot of sad and hard issues” in this case.

Gregory Foley was in the same courthouse five months prior to this incident, in April of 2013. In the prior case he immediately pleaded guilty to misdemeanor cruelty to an elder, his father. At that time the judge ordered Gregory Foley into substance-abuse and anger-management programs; he was released on three years’ “summary” or unsupervised probation.

Prosecutor Ryan Saunders has charged Gregory Foley with five felonies, including attempted murder, willful cruelty to elders, and felony resisting officers. Judge Richard Monroy presides in San Diego’s North County Superior Courthouse.

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Comments

Visduh July 30, 2014 @ 7:35 p.m.

So, he copped a plea a few months before and was set free. That made it possible for him to re-offend last September. And now the slimeball defense attorney, paid for by the taxpayers I can be certain, is trying to blame the victim, his mother. The defense bar is often its own worst enemy in these cases; this guy should have copped another plea to a more serious offense, and taken him out of circulation until he's about 75. But, no, he's got to try to make it look as if the bad dude is actually the victim!

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Wabbitsd July 31, 2014 @ 7:15 a.m.

Whoever decided he should have "unsupervised" probation should be named as an accessory.

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Eva Knott July 31, 2014 @ 7:37 a.m.

The judge who presides over the current trial, Hon. Richard Monroy, is not the same jurist who okayed the plea deal in the prior case. If a judge does not like any plea deal hammered out between attorneys, he can refuse to sign it.

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Visduh July 31, 2014 @ 8:24 a.m.

So, who was the judge in the first case?

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Eva Knott Aug. 4, 2014 @ 12:47 p.m.

Gregory Dale Foley, 56, took the witness box this morning in his own defense. Among other things, he told the jury that he put a large knife to his own throat during the violent incident last September. He also described getting shot with rubber bullets as "more painful than you can imagine." The jury is expected to get the case to deliberate some time tomorrow, Tuesday, August 5, in San Diego's North County Superior Courthouse.

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avery Aug. 6, 2014 @ 8:39 p.m.

All your comments are accurate. The people he attacked are my grandparents. My grandma is now dealing with dementia, which was made worse because he hit her head and caused bleeding on her brain and broke her eye socket. My grandpa died suddenly months after the attack. He described to me what happened that day, including being struck with a hammer and having a knee jammed into his neck until he passed out. My grandpa had had strokes so he did his best to defend himself. They spoiled their son, paying his rent and bills for years because he lost the only job he had in decades and refused to seek another. Instead, he drank rum and Coke all day and blamed his problems on everyone else. The police had been called to the house many times because he was abusive to my grandparents. My grandma doesn't remember the attack. My grandpa is dead and cannot seek justice. I don't understand how the jury made their decision today, finding him guilty of elder abuse and felony resisting arrest, but not that he tried to kill his parents. If he wasn't trying to kill them for his inheritance, then how did my grandma's face and head get sliced up and her head beaten to cause internal bleeding? I think this case should be made more public. Elder abuse happens behind closed doors and the victims don't want to prosecute because it's their child who did it and who may go to jail.

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Visduh Aug. 9, 2014 @ 8:42 p.m.

Your dissatisfaction with the acquittal on attempted murder charges, which would have put him away for life, is understandable. But look on the brighter side--he's been found guilty of two felonies which will keep him off the streets for quite a while. Having violated his earlier probation will go against any attempt to get lenient treatment. Yes, the defense will try to keep him out of jail, but I think he'll get a good sentence for hard time in state custody. Juries usually try very hard to come to a fair verdict, and in this case they just were not convinced he was up to murder. Take good care of your grandmother, and don't let this ruin any more lives.

1

hulagirrrl Aug. 10, 2014 @ 9:43 p.m.

I am very sorry this happened to your grandparents, although I do wonder why hasn't anyone in the family tried to solve this issue? Elder abuse is so very rampant and needs to be addressed, you are right.

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avery Aug. 13, 2014 @ 9:28 a.m.

Sentencing will be September 4th. The max sentence is 7 years. He will most likely be out in 3-4 years. He will still have decades of life ahead of him after his release. And, because of his lack of desire to get a job and now being a convicted felon, he will continue to be a burden on society. My grandparents refused to stop enabling him. After his first arrest for elder abuse when he pushed my 85-year old grandpa down, my grandparents tried to get the restraining order lifted. They are (were) stubborn people and found it hard to separate wanting to care for their son and wanting to not be victimized anymore. Attempts had been made begging them to remove themselves from him and to move away from Oceanside, but my grandparents refused. And, now this has happened.

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Eva Knott Sept. 4, 2014 @ 11:06 a.m.

Gregory Dale Foley, now 57, was sentenced to 12 years and 4 months prison this morning, September 4, 2014. The same judge who heard trial, Hon. Richard Monroy, pronounced sentence.

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Eva Knott Sept. 4, 2014 @ 4:14 p.m.

Prosecutor Ryan Saunders made comment after the sentencing hearing: "This was a devastating case involving two elderly and extremely vulnerable victims attacked with weapons by their very own son. Defendant was on probation for prior physical abuse inflicted upon his elderly father at the time of these horrific crimes. This surely factored into the judge’s decision to impose the maximum punishment allowed by law in this case, as requested by the prosecution and recommended by the probation department." The prosecutor also noted that two other children of victims Beverly and Milford made emotional statement to the judge before he announced sentence.

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