Suspect's $2M bail sustained

By KEITH KINNAIRD

News editor

SANDPOINT — Judge Lori Meulenberg sustained on Thursday the $2 million bail imposed against a Blanchard man accused of seriously wounding two Bonner County sheriff’s deputies in the line of duty earlier this month.

Adam Deacon Foster shook his head in dispute as Meulenberg outlined the two first-degree attempted murder charges that were filed against him. He denied deputies Michael Gagnon and Justin Penn were the people who showed up outside his home at 780 Mountain View Drive on Jan. 16.

“These people were not there,” Foster said in a matter-of-fact tone. “They were thugs. They were not police officers.”

Foster, 31, was repeatedly advised by the court and his defense attorneys not to make any remarks about the case lest they be used against him in future proceedings.

Foster was undeterred, however.

“I think I’m being set up here,” he said, adding that the men who accosted him were in plainclothes and planned to take him to a secret site where he would be killed.

Court documents paint a starkly different picture of the incident.

Foster was to be cited in January 2016 for two counts of battery against a family member, but the citations could not be served because Foster holed up in his residence and would not come out. A $20,000 arrest warrant was subsequently issued, which ultimately brought the Gagnon and Penn to his home earlier this month.

Deputies, according to unsealed probable cause hearing testimony, pulled behind Foster’s vehicle as he rolled into his driveway. Deputy Gagnon had his sidearm out, but holstered it and drew a Taser. Foster was warned that the device would be used against him if he did not comply, Kootenai County Sheriff’s Det. Sgt. Brad Maskell told Judge Justin Julian during a probable cause hearing on Wednesday.

Foster ended up bolting toward his home with deputies in pursuit, Maskell told the court. Foster positioned himself in a shooting stance and opened fire on Gagnon as the deputy rounded a corner, prompting the other deputies, which included Deputy William Craffey, to return fire. Foster and Penn were wounded in the ensuing shootout, although Craffey was not.

A wounded Foster was apprehended inside his home and a Ruger Redhawk .44 magnum pistol was found on the home’s porch.

The large-bore revolver, which is often carried by hunters and trappers traveling in bear country, had been loaded with six bullets, five of which were fired, according to court documents.

Maskell said during Wednesday’s hearing that Gagnon ultimately confronted Foster with the Taser and did not threaten to shoot Foster with his service firearm.

Bonner County Deputy Prosecutor Katie Murdock told the court that Foster was aware that he was the subject of an active warrant because he had called her to speak with her about it before the shootings occurred, court records indicate.

The criminal complaint alleges that Foster knew or should have known Gagnon and Penn were lawfully discharging their official duties. It further alleges that Foster acted with malice aforethought.

First-degree murder is capital offense under Idaho Code, but a conviction can also result in a lifelong prison term. Murdock appended the criminal complaint with sentencing enhancements because Foster inflicted great bodily on the two deputies and used a firearm during the commission of the crimes. The enhancements could add 70 years to the sentence imposed against Foster if he’s convicted of the charge.

“Jesus,” Foster muttered as the sentencing enhancements were read aloud in court.

Foster appeared at the hearing via videoconferencing with the Bonner County Jail and used a walker to reach his seat in front of the video camera. Foster is slated to be held in Kootenai County while the case is pending, although he’ll be returned to Bonner County for hearings in his case.

Foster applied for and was granted the appointment of public defenders. Chief Public Defender Janet Whitney will represent Foster on the felony murder charges, while Deputy Public Defender Susie Jensen will represent him in the misdemeanor case.

Murdock asked on Thursday for Foster’s bail not to be disturbed because his flight risk and threat to the community’s safety have grown increasingly pronounced over time.

“We would ask for that to remain in place,” said Murdock.

A preliminary hearing, during which a judge decides if there’s sufficient evidence to justify trying Foster in 1st District Court, is pending.