Man who was Tased by police, accused of breaking into neighbors’ residences pleads no contest to criminal damage, sentenced to probation

photo by: Mugshot courtesy of the Johnson County Sheriff's Office

Timothy Michael Foust is pictured with the Douglas County Judicial and Law Enforcement Center.

A Lawrence man was convicted Tuesday in Douglas County District Court of two counts of criminal damage to property — the outcome of a plea deal in two separate cases that originally involved multiple felony charges and allegations that he had brandished a knife at people before being Tased by police.

The defendant, Timothy Michael Foust, 49, entered two no contest pleas in connection with incidents that occurred in January of this year and in October of last year. Both incidents involved neighbors in the 1500 block of West Ninth Street alleging that Foust had broken down their doors and in one case brandished a knife at a resident. Pursuant to a plea deal with the state, all felony charges in the two cases were dropped, and Foust was convicted of two misdemeanor counts of criminal damage to property.

He had originally also been charged with felony counts of aggravated assault of a law enforcement officer in the October case and aggravated burglary and assault in the January case.

Judge Amy Hanley on Tuesday sentenced Foust to six months in the Douglas County Jail for each misdemeanor but suspended those sentences to 12 months of probation, warning him that he would be serving his full sentence if he did not strictly comply with the terms of his probation, including refraining from intoxicating substances and following the recommendations of drug, alcohol and mental health evaluations.

Police had said Foust may have been intoxicated during their October confrontation with him.

As the Journal-World reported, both incidents happened overnight at the same apartment complex. In the earlier incident, police used a Taser on Foust to effect his arrest after he allegedly brandished a knife and moved toward them, demanding that they shoot him. The second incident happened three months later.

At Tuesday’s hearing, Foust acknowledged that he had been prescribed medication for mental health issues, but he said he did not remember what exactly the medication was for.

The court waived all costs and fees, citing Foust’s lack of housing and employment, and he was given 51 days of credit for time already served in jail while he awaited disposition of his case.

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