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Man says he recalls little about night of shootout

A Jacksonville man on trial for the attempted murder of a police officer testified Thursday that he has only two fleeting memories of flashing lights and being shot with a Taser gun just prior to the February shootout at his home — and none at all of the aftermath of the event until he woke up in jail two days later.

Anthony Robert Fogleman, 37, is being tried on several charges stemming from the events of Feb. 20, the most serious of which is attempted aggravated murder for allegedly shooting at Jacksonville police Sgt. Daniel Moore.

Fogleman said the last thing he clearly remembers on that snowy night is heading into Rumors Karaoke Lounge for a cigar after drinking sake with friends at a nearby Japanese restaurant.

"That's the last thing I remember," Fogleman said, adding later in the evening he remembers seeing "flashing lights" and thinking, "Oh crap, I'm gonna get my ass kicked."

He also remembered "mind-numbing pain" and a "momentary impression that I'd been shot," he testified.

Fogleman suffers from panic attacks and has a history of anxiety, depression and post-traumatic stress disorder, said defense attorney Peter Carini in Tuesday's opening statements.

Jackson County Deputy District Attorney Tim Barnack characterized Fogleman's memory loss as both convenient and manipulative.

Barnack challenged Fogleman to acknowledge statements he allegedly made to his wife, stepdaughter and friends after Fogleman and Moore exchanged shots in Fogleman's driveway that snowy night.

Barnack brought up Fogleman's anger over a series of speeding tickets written by Jacksonville police officers.

Barnack also quizzed Fogleman over statements threatening violence to police officers that he allegedly made to a gun shop employee, Fred Hobbs.

On Wednesday, Hobbs testified he had sold Fogleman between 20 and 30 guns in the past four years. Fogleman once told him he would shoot any police who came on his property.

Hobbs characterized the aqua-haired, gun-collecting, tatooed Fogleman as "anti-establishment," and said he reported the threat to a Jackson County sheriff's deputy.

Moore testified earlier this week Fogleman engaged in a shootout with him in Fogleman's driveway in the 900 block of Cantrall Road after Moore tried to pull him over for failing to stop at a stop sign in Jacksonville. Moore at first tried to Taser him, but it had little effect.

After the two exchanged gunfire with handguns, Fogleman hopped back into his pickup and drove to his residence at the top of the driveway.

Several minutes after hearing shots fired outside and watching the police car disappear down the driveway, Fogleman's wife, Jennifer, found her husband in the kitchen holding a rifle, shaking and whimpering, "They were shooting at me. They shot at me," she testified Thursday.

Jennifer Fogleman said she removed the rifle from her husband's hands and took him upstairs, where they made several phone calls to friends, family and an attorney.

She subsequently left her husband alone in the house several times to go watch for the return of the police, she said.

"(The police) don't just drive away and call it good," she said, adding she was fearful for the welfare of her four children.

"My concern was that the police were going to come back and open fire on my house," Jennifer Fogleman said.

When the police did return, she met them and asked to be allowed to persuade her husband to surrender.

Fogleman eventually came down the driveway smoking a cigar. "I told him to have a drink of Scotch before he came down," she said.

After her husband's arrest, Jennifer Fogleman said police locked her, her children and two dogs in a room after she objected to police searching the home without a warrant.

Jennifer Fogleman was arrested the next morning. She is charged with two counts of first-degree criminal mistreatment and six counts of endangering the welfare of a minor. Her children, ranging in age from 2 to 17, were taken into state custody. Custody was later restored to her under an agreement with the court. Her trial is scheduled for Jan. 22.

In addition to attempted murder, Anthony Fogleman is charged with first-degree attempted assault, unlawful use of a weapon, trying to elude a police officer, two counts of driving under the influence of intoxicants and two counts of resisting arrest. Charges of first-degree criminal mischief and four counts of endangering the welfare of a minor were dismissed by Circuit Court Judge William Purdy on Thursday for lack of evidence.

If convicted of attempted aggravated murder, Fogleman would serve a mandatory sentence of no less than 10 years in prison under Measure 11.

Closing arguments are set to begin today in Jackson County Circuit Court.

Reach reporter Sanne Specht at 776-4497 or e-mail sspecht@mailtribune.com.

Man says he recalls little about night of shootout