Man gets 10 years for shooting at cop
Anthony Fogleman offered no comment as he received his sentence — a mandatory ten years in the Oregon State Penitentiary for the attempted aggravated murder of a Jacksonville police officer.
Jackson County Circuit Court Judge Bill Purdy on Wednesday sentenced Fogleman, 37, under rules established by voters in Measure 11, which sets sentences for certain violent crimes. Purdy also sentenced Fogleman to five years in prison for the unlawful use of a weapon, one year for eluding a police officer, one year for driving under the influence of intoxicants and no time on two counts of resisting arrest. The additional prison sentences will be served concurrently with Fogleman's 10-year term.
Fogleman's defense attorney, Peter Carini, told Purdy he understood his client's sentence for the Measure 11 crime was non-negotiable, but he stressed his client had no criminal history.
"This was an aberration offense due to liquor, due to other things," Carini said.
Tim Barnack, who prosecuted the case, didn't oppose concurrent sentencing, but he said Fogleman had earned the guilty verdicts.
"Mr. Fogleman is a dangerous individual. He's earned his trip to the Oregon State Penitentiary," said Barnack, senior deputy district attorney.
The jury concluded 10-2 on Dec. 14 that Fogleman had fired two shots from his derringer at Sgt. Daniel Moore during a late- night shootout at Fogleman's home last February.
Fogleman's deringer will be forfeited and destroyed, Barnack said.
Purdy also ordered Fogleman to have no contact with Moore.
His wife, Jennifer Fogleman, was in the courtroom Wednesday to hear her husband's sentence. She declined to comment, as she is facing charges of her own related to the events.
Moore said on Friday he was satisfied with the verdicts, too, adding the ordeal has been difficult for his family and for Fogleman's.
Moore said his family has been afraid for his safety during the past few months while Fogleman has been out of jail on bail.
During the four-day trial, Barnack noted Fogleman's anger over a series of speeding tickets written by Jacksonville police officers. Barnack also quizzed Fogleman about threatening violence toward officers in statements he made to a gun shop employee who sold Fogleman 20 to 30 rifles and handguns during the past four years.
Moore testified that he was attempting to ticket Fogleman for rolling through stop signs in Jacksonville. He pursued Fogelman for 10 miles through the Applegate Valley, and followed him up his dirt driveway in the 900 block of Cantrall Road.
Moore testified that when he got to Fogleman's property, Fogleman got out of his pickup truck and shouted, "Get the f—- off my property, or I'm going to kill you."
The 6-5, 270-pound Fogleman turned to reach into the driver's side door, and Moore shot him with a Taser with little effect, Moore testified.
Fogleman drew a handgun from his pickup and pointed it at Moore's head, firing as Moore dove under the bed of Fogleman's pickup for cover, Moore said.
After an exchange of gunfire in darkness and rain, Moore retreated to a clump of blackberry bushes at the entrance of the driveway and fired two more shots, he testified.
The bullets missed Fogleman, who climbed back into his pickup and drove to his residence at the top of the driveway. Moore retreated and waited for backup officers to arrive.
Fogleman had been out drinking the night of the shooting and testified he has only two fleeting memories of flashing lights and being shot (with a Taser) — and nothing more until he woke up in jail two days later.
Carini questioned police officers' failure to find Fogleman's bullets. He said their trajectory might have proven his client had not fired at Moore.
Throughout the trial, Barnack characterized Fogleman's memory loss as both convenient and manipulative. He challenged Fogleman to acknowledge statements he allegedly made to his wife, stepdaughter and friends that seemed to acknowledge guilt.
Carini said Fogleman's failure to recall was real — and it hampered his client's defense. Carini said his client suffers from panic attacks and has a history of anxiety and depression as well as post-traumatic stress. He said Fogleman was taking psychotropic drugs along with alcohol.
Reach reporter Sanne Specht at 776-4497 or e-mail firstname.lastname@example.org.