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Leicester man fails to appear in court for arraignment - WCAX.COM Local Vermont News, Weather and Sports-

Leicester man fails to appear in court for arraignment

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NEW HAVEN, Vt. -

Timothy Foley was arraigned Monday after shooting a neighbor and injuring two police officers.

More than two dozen state troopers from southern Vermont came to see 47-year-old Timothy Foley face charges for allegedly shooting his own neighbor and two of their own.

Foley was expected in court Monday to face two counts of second degree attempted murder and two counts of aggravated attempted murder, but hours into Foley's arraignment, the courtroom received word that Foley wasn't coming.

"I've considered whether it's of value to physically compel Mr. Foley to attend this arraignment and I believe that it is not of sufficient value," said Judge Michael Pratt.

Foley's attorney did enter a plea of not guilty. The Leicester man who was shot -- 64 year-old Mahlon McCoy -- is still in the hospital. His son -- also named Mahlon -- says family members want justice. "I hope he gets what's coming to him. Hope he serves time. The stuff he put my family through and the officer's family through and my family, it's just beyond control," said McCoy.

The troopers injured in Sunday morning's incident, Sergeant Eugene Duplissis and Trooper Matt Daley are recovering after being struck with gunshot pellets. "They are with their families where they should be. I'm proud of them they did an outstanding job," said Vermont State Police Lt. Michael Manley.

Timothy Foley has lived in his home on Lake Dunmore Road for two decades -- right across from the McCoy's -- and its always been a friendly relationship until Sunday morning.

Police say Foley broke into the Leicester home of Joyce and Mahlon McCoy, shot the man in the head and attempted to shoot his wife. The victim, already paralyzed from a stroke, was transported to Porter hospital. When police arrived, they say Foley barricaded himself in his home before opening fire on police. He later agreed to surrender.

"He's ordered to be held without bail until the next hearing, and the court will have a hearing on whether or not the weight of the evidence is sufficient to continue to hold him," said Addison County States' Attorney David Fenster.

McCoy remains hospitalized at Fletcher Allen Health Care where he will undergo plastic surgery. McCoy's wife has been by his side as he recovers. "She's upset and discouraged and don't know why. My father's first question out of surgery was, 'How's Tim doing, is he OK?' That's the kind of man he is," said McCoy.

Foley is expected to have another hearing next week; it's unclear if he will be present. The McCoy's tell WCAX-TV they are unsure if their parents will return to their home on Lake Dunmore Road.

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