Bellingham (WA) At 8:03 this morning Bellingham Police officers and aid personnel from Bellingham Fire were dispatched to the Villa Inn at 212 N. Samish Way. Initial reports were that an adult male was in the parking lot bleeding seriously from a head injury that had been caused by being intentionally struck by a baseball bat. When first responders arrived the scene was made safe so that the victim could be properly treated for his injury.
Probable Cause was established to arrest Michael L. Foley, born 12-07-1966, for Assault in the 2nd degree, a Class B Felony. Officers learned that he had gone into room 19, which he lists as his permanent address. After establishing a safety perimeter room 19 was contacted and Foley would not open the door. For the next 71 minutes officers used a patrol vehicle loud speaker to communicate with Foley and order him to come out of the room. Although he would not come outside he was fully aware that officers were there as he was displaying his middle finger through the window shades.
While officers continually hailed Foley that he was under arrest a search warrant was obtained to enter the room and take him into custody. Because of the magnitude of the situation, and the resistant attitude of Foley, our on-scene command chose to introduce “Pepperball” into the room. This is Oleoresin Capsicum (OC) in a powdered form, an irritant that makes it uncomfortable to remain in the space. Foley was cautioned that this would be introduced and still refused to surrender. When Pepperball was deployed our officers waited several minutes to allow Foley to reconsider his choice to remain barricaded in the room.
At 9:37 a.m. officers breached the door of room 19. Foley was deep in the room and maintained his attitude of non-compliance. Drag stabilized less lethal impact munitions were utilized to move Foley to a desirable location within the room to be taken into custody. Foley received one impact to his leg from the less lethal munitions. He was treated at the scene and then transported to Whatcom County Jail.
The victim of the assault was transported to Peacehealth St. Joseph Medical Center for treatment for the injury to his head. When he was transported from the scene of the incident he was conscious and speaking to our responders.
Through a patient approach, and appropriate application of force options, our officers were successful in taking Michael Foley into custody. No officers or innocent citizens were harmed in this process and the suspect was taken into custody with a minor bruise to his leg.