DAVIS COUNTY, Utah, Aug. 25, 2020 (Gephardt Daily) — An allegedly intoxicated Davis County man is accused of threatening a female jogger at gunpoint because he thought she was a “local drug dealer,” according to court documents.
A probable cause statement from the 2nd District Court of Farmington said Byron Holth Foster, 35, is facing charges of:
- Aggravated kidnapping, a first-degree felony
- Two counts of aggravated assault, a third-degree felony
- Carrying a dangerous weapon under the influence of alcohol/drugs, a class B misdemeanor
- Intoxication, a class C misdemeanor
- Disorderly conduct, an infraction
On Monday at approximately 8:25 p.m., dispatch was called in reference to a man with a gun, the statement said.
“Dispatch advised that a male was following and later chasing several individuals on foot,” the statement said. “It was reported that an off-duty police officer in the area located the male and had him proned out on the ground.”
The primary victim advised that she was on a run when she noticed a man following her. She told officers that she stopped by a church, located at 1650 S. 500 East, where Foster pulled a handgun out of his waistband and demanded her move to the right, “right now” and told her multiple times to stop selling drugs to his kids, the statement said. She then started to scream for help, at which point several other people arrived and assisted her escape which distracted the man.
“During the encounter with the male, the victim stated that she felt like her life was threatened and didn’t feel free to leave due to Mr. Foster brandishing the firearm,” the statement said. “Two males were advised by the victim that the suspect had a gun. The two witnessing males started to walk away from the suspect when the suspect began to run, chasing them.”
They kept line of sight on the suspect until the off-duty officer arrived, the statement said.
“When officers took the male into custody, they removed a handgun from his right hip in his waistband,” the statement said. “Officers could immediately detect the odor of alcoholic beverage coming from his person. Also, after detaining the male in the backseat of a patrol vehicle, after around two minutes, when officers went again to check on him, the entire vehicle smelled very strongly of alcoholic beverage.”
The suspect was transported to Kaysville Police Department where he was read his Miranda rights and admitted to drinking between four and five beers and being in possession of the handgun. He claimed he thought the female was a local drug dealer and pursued her. He denied pulling out the handgun or pointing it at anyone.
The handgun seized from the suspect’s person is a Springfield XDS3.3 9mm single stack, with a round in the chamber and a round in the magazine, the statement said.
Officers located the suspect’s vehicle in Farmington, and found that the vehicle appeared to have several open containers of Coors beer inside.
Foster’s Utah driver’s license also indicates he is an alcohol restricted driver.
The suspect was transported to Davis County Jail with his bail set at $500,000.
