Emotional farewell

Rosie
Rosie Mullaley
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Family sobs as young Spaniard’s Bay man taken to serve jail term

Twenty-year-old Josh Foley of Spaniard's Bay was sentenced to two years less a day in jail Tuesday at provincial court in St. John's. He took part in a violent home invasion at a man's house in Conception Harbour last year.

Before Josh Foley was handcuffed and taken to jail, his mother held him tightly and cried.

“I love you,” she said before breaking down sobbing.

“I love you, too,” Foley told her, forcing himself to smile at her as sheriff’s officers led him out of the courtroom.

It was his first brush with the law. When the courtroom door closed, a half-dozen family members and friends huddled to comfort each other.

Foley was sentenced Tuesday at provincial court in St. John’s to almost two years in prison for his role in a violent home invasion in Conception Bay South last year.

The 20-year-old from Spaniard’s Bay had been found guilty of armed robbery, having his face masked and break and enter.

The invasion happened Jan. 24, 2010, when he, two other men and a youth forced their way into a man’s home in Conception Harbour. The two men and youth beat the man with a bat, while Foley waited by the door with a piece of pipe and his T-shirt held over his face. The man wasn’t seriously hurt, but suffered bruises and cuts to his head and legs.

Shortly after the incident, Foley, Justin Greenland and William Kennedy confessed to police.

Greenland and Kennedy pleaded guilty to several charges and were sentenced to four years in jail. The youth also pleaded guilty and was sentenced to serve time at a youth correctional facility.

Foley — who was not in custody while he awaited trial — got a shorter sentence than the other two adults.

Judge David Orr opted to give Foley a provincial sentence (less than two years) because he didn’t play a big part in the home invasion.

He said Foley was not involved in planning the offence, did not participate in the assault on the man and didn’t take anything from the man’s house.

Orr also pointed out that since the incident, Foley has taken steps to rehabilitate himself, has undergone extensive counselling and has upgraded his education.

“I’m satisfied that a provincial term is warranted …,” Orr said.

“That being said, this is a very serious offence which must be punished by a period of incarceration.”

Once Foley has finished serving his term in jail, he will be on two years’ probation with conditions that include that he abstain from consuming illegal drugs. He’s also banned from owning a weapon for 10 years and must submit a DNA sample to police.

 

rgillingham@thetelegram.com

Geographic location: Conception Bay South, Conception Harbour

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Recent comments

  • Chris
    February 23, 2011 - 14:34

    Conception Hr. is not in Conception Bay South.

  • Nick
    February 23, 2011 - 14:09

    Mistyg, are you insane????? Give this guy a break!!!!! I suppose it was the victum's fault for the home invasion. If you can't do the time - don't do the crime. Now he is going to jail and crying on Mommy's shoulder. TOO BAD. He should have gotten time in a Federal prision mixed in with the G.P. Little tool will think twice next time before he does something stupid. One more thing, soap on a rope.

  • JT
    February 23, 2011 - 14:00

    The person who his family should be sobing for is the victim of this heinous crime. It is fortunate that the individual whose home was invaded by these cowardly punks was not seriously injured or murdered. Foley may not have swung the bat, but his involvement made him just as culpable as the other two. Good kids don't behave this way, no excuse is acceptable for his actions. Two years should give him time to consider if he wants to continue to be a criminal, or make himself a usefull part of society. Foley is fortunate to be going to jail. If he tried this in the states, the homeowner may have shot him dead.

  • wayne
    February 23, 2011 - 13:12

    I laugh when people say that the parents are at fault. I have worked with youth for many years and "most times" children will have similar values to their parents ....but many times they do not. I have seen fine, upstanding honest young men come from the worst kind of family situations where they were taught nothing but abuse and dishonesty ....and I have seen the worst kind of criminals come from excellent homes and parents. When they hit about 15 or 16 years old they make their own path....there is NOTHING any parent can do to CONTROL them. Parents can offer love, advice and guidance but CONTROL is an illusion. A

  • woodwoman
    February 23, 2011 - 12:28

    Ummm who cares if his family is sobbing. He broke the law and is going to jail. Better headline would be "Victim glad his attackers sent to prison"

  • Inspt.K
    February 23, 2011 - 12:28

    Time and time again there is that infamous display in NL courtrooms of "My little Johnny can do no wrong" . Let's see a mother that will stand up and say he got what he deserved!

  • D-Roc
    February 23, 2011 - 12:27

    2 years less a day for not hitting anyone, not stealing, just being there, but 4 years for beating someone with a weapon, and stealing from them. I am no judge, however from the outside looking in, 4 years is either too little, or 2 years is a bit much IMO. (Assuming they had no previous record). I feel bad for this guy though, I bet he learns his lesson and doesn't re-offend in the future, more so than most of the convicts that appear in our news.

  • Kent
    February 23, 2011 - 11:24

    Let's see an article about the victims for a change, and how these violent acts affect them for the rest of their lives. Panic attacks, constant anxiety, distrust of people and never feeling safe in one's home again.

  • Jerome
    February 23, 2011 - 11:11

    "Once Foley has finished serving his term in jail, he will be on two years’ probation with conditions that include that he abstain from consuming illegal drugs." That's funny. If you're on probation, you can't use illegal drugs. What if you're not on probation?

  • Frank Blackwood
    February 23, 2011 - 09:29

    The world of drug abuse is the real trap for the ruination of character and families. It is those who have no guts that lead the younger generation into beleiving this is the greatest thing that a person can do, abuse drugs and do crazy things with your life. For those who are listening, a lot of good kids have been destroyed, their brains cooked with drugs. They arrive at Emmergency clinics, not knowing who they are? It's sad because many had a vision to do well in life. If it were not for our police this would be a terrible world to live in, everyone stoned and confused.

  • Mistyg
    February 23, 2011 - 09:25

    I would have to agree with Greg. Ron, you know nothing about the family background of this individual. He comes from a very well structured family environment with strong family values. In agreement with Greg on this one; tangled up with the wrong bunch - in the wrong place at the wrong time; granted he is old enough to know that what happened should not have taken place and he should not have been there to witness it and should have told someone, so now he is being punished for his actions. Give the guy a break.

  • Stephanie
    February 23, 2011 - 08:03

    Hopefully this will be the end of his crimes. Hopefully he's scared enough to not want to go back. HOPEFULLY!

  • David
    February 23, 2011 - 08:02

    So, breaking and entirering and being a lookout while a man is beaten is a "brush with the law" now?! Have you all gone totally insane, or are you just all on crack?

  • Ron
    February 23, 2011 - 07:27

    If you don't lay a solid foundation-----you cannot erect a solid building--- His PARENTS are responsible for his upbringing Too bad !

    • Greg
      February 23, 2011 - 08:49

      This is sad. He likely got tangled up with the wrong friends. I don't so tersely blame the parents. Its isn't always the parents fault. Kids can be raise well and taught to be responsible, yet still get caught up in a bad friendship or start doing drugs leading to stupid decisions. Ultimately, they make their own decisions and are the ones who should bare the responsibility for those decisions. It sounds like this judgement will set him on the right track and he won't be an ongoing offender. He needs to make the best of this time in jail though. Otherwise, next time it could be for something worse, like man slaughter. I hope not.

  • Darren
    February 23, 2011 - 07:06

    Should have been a lot longer than that, but then again they are lucky the person inside was not armed, like I am.