CHARLESTON, W.Va. -- A jury found a Sissonville man not guilty of making terrorist threats for revealing homicidal and suicidal thoughts to a counselor, but Kanawha Prosecutor Mark Plants said he would prosecute again if a similar situation arose.
A Kanawha Circuit Court jury found Shawn Foglesong, 40, had committed no crime when he told a counselor at Highland Hospital he had thoughts of shooting people at a high school football game last fall in hopes of drawing police fire unto himself.
Foglesong was arrested and jailed shortly after he was released from the hospital in September. The hospital notified police of what he had told a counselor while undergoing treatment there.
He was later indicted by a Kanawha County grand jury on a charge of making terrorist threats. Meanwhile, his bond had been set at $125,000 in September, and he remained in jail through his trial.
Public defense attorney John Sullivan argued that when Foglesong confided in a therapist, he did not commit a crime. The jury agreed.
Plants said he respects the jury's decision but believes what Foglesong did is a crime.
"The fact that those words are uttered is a crime," Plants said. "The only other alternative is not to prosecute and that's just not acceptable. At the end of the day, we can never go wrong by presenting evidence to a jury and letting them decide."
Foglesong said he had homicidal and suicidal ideations and was afraid he would act on his thought of donning a mask and going to a Sissonville High School football game. He said he thought about shooting in the crowd, targeting some he believed were sexual predators or other "bad people" and drawing police fire to himself.