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Tuesday, April 20, 2021

Down from 15 Years to 4 Yrs. 6 Months:
Trial set for April 21 is cancelled as man pleads guilty in pizzeria shooting

Orleans County Court was to see its first trial in more than 18 months tomorrow. That won’t happen. Not because of COVID but because the defendant changed his mind and accepted a plea deal last week in County Court.

Scott A. Foley, 53, had repeatedly rejected any plea offers from the county District Attorney’s Office and opted to face trial on charges that he fired two shots from a rifle into Roadies Pizzeria and Sports Bar in the Town of Carlton north of Albion. Judge Sanford Church set a trial date for April 21, a trial that would be the first one conducted in Orleans, Genesee or Wyoming counties since the COVID outbreak.

Foley last week, however, pleaded guilty to second-degree criminal possession of a weapon and DWI with the promise of no more than four years and six months in state prison, with two years of post-release supervision. Foley also had faced a charge of first-degree reckless endangerment. The weapons charge, if convicted at trial, could have resulted in a prison term of up to 15 years.

Foley was arrested after he fired two shots from a Stag Arms rifle into the bar area of Roadies the night of Jan. 2. Moments before, Foley had been ejected from the bar. No one was injured. He was arrested a short time later. Police said he was intoxicated at the time.

Foley initially faced attempted murder charges, but those were withdrawn after it was determined his actions didn’t constitute attempted murder. Sentencing is scheduled for June 9.

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