Pennsylvania Firearm Owners Association
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  1. #1
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    Default PA Trooper Guilty of First Degree Murder

    An Indiana County Court jury this evening convicted state trooper Kevin Foley of first degree murder in the April 13, 2006, slashing death of Blairsville dentist John Yelenic.

    Yelenic's relatives and friends gasped; one clapped and another blurted 'alright' as a tipstaff read from the verdict slip completed by the jury foreman. Sheriff's deputies directed spectators to remain silent while Judge William Martin polled the jurors individually for their verdicts.

    Martin said the conviction carries a mandatory term of life in prison, and scheduled Foley to appear June 1 for sentencing.

    State police charged that Foley repeatedly slashed Yelenic then shoved his head through a window, severing Yelenic's jugular vein, in a violent attack in Yelenic's home in Blairsville. Investigators brought the charges Sept. 27, 2007, about 17 months after the killing.

    *
    Foley was living with Yelenic's estranged wife, Michelle Yelenic. The Yelenics were as little as one day away from finalizing their divorce when Yelenic was murdered.

    Foley testified Wednesday morning that he was innocent of the charges.

    Attorneys presented closing arguments and Martin finished instructing the jury, sending them at 3:42 p.m. to begin deliberations.

    The jurors returned to the courtroom at 8:18 p.m., asking Martin to again read the legal definition of "reasonable doubt," a factor that is fundamental to a jury deciding between conviction and exoneration.

    Almost 50 spectators remained in the courthouse to wait on a verdict. Tipstaffs brought word of the decision to Martin's chambers about 9:54 p.m, little more than six hours after the panel debated Foley's fate.

    Foley was seated with his back to the gallery and showed no apparent emotion when the verdict was read.

    Court officials ushered the jurors to Martin's chambers five minutes after the verdict was announced.



    I have been waiting 3 years for this and it's been worth it! This happened in my hometown that I grew up in (Blairsville Pa) and the victim was a cousin of one of my best friends and family. This has to be a happy day for John Yelenic's family that he left behind. John Yelenic was admired by everyone who knew him. He was a dentist with a growing practice and friendly with anyone and everyone he came in contact with. John had 2 enemies in his life and not by his choosing, his wife and her boyfriend. Dr. Yelenic mentioned numerous times that he feared his life was in danger so when he was murdered everyone knew who was behind it.

    Kevin Foley thought he was above the law and that he could joke about killing someone and get away with murder. I can only hope that prison life will be a living hell for this man.
    Rehab is for quitters!!

  2. #2
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    Default Re: PA Trooper Guilty of First Degree Murder

    By coincidence, I was thinking about a situation like this in relation to a case I handled for a client.

    In PA, it is unlawful to resist even an unlawful arrest by police. What does one do when being unlawfully arrested and then, say, murdered as part of the arrest? One would have to conclude that at some point (as yet undetermined) it would have to be permissible to resist even an unlawful arrest, despite what the crimes code says. In other words, at some point an arrest is not an arrest and just becomes a policeman committing a crime, which the citizen may respond to.

    Still a big problem -- especially if the unlawfully arrested finds him/herself in cuffs, rendered helpless to resist whatever is about to happen . . . .

  3. #3
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    Default Re: PA Trooper Guilty of First Degree Murder

    I'm glad justice was served.

  4. #4
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    Default Re: PA Trooper Guilty of First Degree Murder

    And Michelle Yelenic is free to find an other (DICK HEAD) boyfriend.

  5. #5
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    Default Re: PA Trooper Guilty of First Degree Murder

    Quote Originally Posted by unclejumbo View Post
    I'm glad justice was served.
    I completely agree with you.
    "Having a gun and thinking you are armed is like having a piano and thinking you are a musician" Col. Jeff Cooper (U.S.M.C. Ret.)
    Speed is fine, Accuracy is final


  6. #6
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    Default Re: PA Trooper Guilty of First Degree Murder

    Quote Originally Posted by Wild Bill Klinton View Post
    And Michelle Yelenic is free to find an other (DICK HEAD) boyfriend.
    Boy aint that the truth? I wish her all the fucking misery in the world! I really hope that piece of ass was worth life behind bars. I am not sure whether Foley had the word "Sucker" tattooed on his forehead or she didn't give up until she found the right person to buy into her bullshit. It's guys like Kevin Foley and Scott Peterson that make this statement so true, "A c_nt hair will pull a freight train"
    Last edited by Steeltown; March 22nd, 2009 at 09:57 PM.
    Rehab is for quitters!!

  7. #7
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    Default Re: PA Trooper Guilty of First Degree Murder

    And you watch the B***h Michelle Yelenic will get a nice fat insurance settlement.
    Makes me sick

    An OC Activist and 1 of the 3%
    Ed Stephan
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    http://forum.pafoa.org/image.php?type=sigpic&userid=3790&dateline=1331561  797An OathKeeper and OC Activist, 1 of the 3%, Ed Stephan

  8. #8
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    Default Re: PA Trooper Guilty of First Degree Murder

    Quote Originally Posted by DaveM55 View Post
    I completely agree with you.
    ditto...

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  9. #9
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    Default Re: PA Trooper Guilty of First Degree Murder

    Quote Originally Posted by Philadelphia View Post
    By coincidence, I was thinking about a situation like this in relation to a case I handled for a client.

    In PA, it is unlawful to resist even an unlawful arrest by police. What does one do when being unlawfully arrested and then, say, murdered as part of the arrest? One would have to conclude that at some point (as yet undetermined) it would have to be permissible to resist even an unlawful arrest, despite what the crimes code says. In other words, at some point an arrest is not an arrest and just becomes a policeman committing a crime, which the citizen may respond to.

    Still a big problem -- especially if the unlawfully arrested finds him/herself in cuffs, rendered helpless to resist whatever is about to happen . . . .
    I could have sworn I read about a federal case somewhere/somewhen about a Native American (maybe on a Reservation?) who resisted arrest with lethal force (a firearm) and successfully proved (in a US court - federal, I think) that his resistance was lawful/justifiable ('self defense').

    Don't hold me to this. I'll try and research it if I find some spare time.
    .
    Cogito, ergo armatus sum.
    ...Say that to my face.

  10. #10
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    Default Re: PA Trooper Guilty of First Degree Murder

    Quote Originally Posted by Bruce View Post
    I could have sworn I read about a federal case somewhere/somewhen about a Native American (maybe on a Reservation?) who resisted arrest with lethal force (a firearm) and successfully proved (in a US court - federal, I think) that his resistance was lawful/justifiable ('self defense').

    Don't hold me to this. I'll try and research it if I find some spare time.
    .
    That's entirely possible.

    It's PA state law that makes it unlawful to resist even an unlawful arrest. Different states or, as you point out, even a reservation, have made different decisions as to how to handle the issue which is reflected in their laws.

    In the vast majority of cases, I think it's OK to have the law like ours in that if somebody gets unlawfully arrested, they can sue the gov't later rather than end up in a battle with police. The problem kicks in if the gov't roughs up or even kills the arrestee unlawfully as part of making that unlawful arrest. Technically under PA law, the arrestee is obligated to just passively let himself get beat up or killed. Tough luck. I always thought that was an odd part of the law.

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