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Probation, restitution for man who sparked St. Charles search.

Byline: Harry Hitzeman Legal Affairs Writer -CLMN-

A 30-year-old man accused of falsely telling St. Charles police he was wounded while shooting at an armed burglar at his parents' home in 2017, launching a police manhunt, has pleaded guilty to a weapons offense and been sentenced to 2 1/2 years of probation and ordered to pay $4,800 restitution.

Timothy B. Fay, of the 4500 block of Camden Lane, Yorkville, pleaded guilty Friday to one count of reckless discharge of a firearm in exchange for Kane County prosecutors dismissing the most severe charge of aggravated discharge of a firearm into an occupied building, a felony that carried a punishment of six to 30 years prison with no chance of probation.

No one else besides Fay was shot in the incident; the aggravated discharge of a firearm charge was filed because one of the bullets that authorities said was fired by Fay went through the wall of his parents' home and hit a neighbors' home while people were inside.

Fay, according to police, initially said he was shot in the left shoulder by a burglar around 2:30 p.m. Oct. 26 at his parents' home on the 3600 block of Grand View Court on the city's northwest side and returned fire, forcing the burglar to flee.

Fay's story began to unravel after investigators obtained a search warrant and found more than 30 bullet holes in walls, furniture and a garage door at the home.

Police said bullets and spent shell casings from four different caliber rounds were found in the home and most were fired in the basement.

A police affidavit used to secure a search warrant for the home said Fay used guns from his girlfriend's deceased father to fire the shots.

Under the plea agreement accepted by Kane County Judge D.J. Tegeler on Friday, Fay must undergo an evaluation by the Kane County Diagnostic Center and follow all recommendations, said Fay's defense attorney, Gary Johnson.

Johnson said he could not comment on what prompted his client's actions. Numerous area police departments were called in to help and nearby schools, such as St. Charles North High School, were put on lockdown.

Under the plea agreement, Fay must pay about $800 restitution to his parents and at least $4,000 to St. Charles police, Johnson said. Fay also must surrender all firearms and not consume alcohol, Johnson said.

After the incident, Fay was taken to an unspecified hospital for treatment for a little more than a week and later surrendered to authorities; he had been free after posting 10 percent of his $200,000 bail.

If Fay violates his probation, he could be resentenced to up to three years in prison. A felony charge of making a false police report also was dismissed as part of the guilty plea.

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Publication:Daily Herald (Arlington Heights, IL)
Date:Feb 19, 2019
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