BRENTWOOD — A Litchfield man found guilty of 12 charges after initiating a brawl with Hampton police officers last year was recently sentenced to 4 to 10 years in state prison.
Rockingham Superior Court Justice Patrick Donovan handed down enhanced sentences to Bryan Foley, 43, on Sept. 23 for most of the misdemeanor and felony charges for which a jury found him guilty in August.
Assistant County Attorney Katelyn Brown pursued enhanced sentences because Foley’s convictions resulted from his assault of two Hampton police officers during an altercation in the parking lot of Hampton’s 401 Tavern in November 2023. Under New Hampshire law, assaults on police officers allow prosecutors to request longer sentencing, which Brown did.
Hampton Police Chief Alex Reno extended his thanks to the Rockingham County Attorney’s Office for its prosecution of the case. Reno added he is “very proud of the officers who handled this very difficult situation with courage and professionalism.”
According to court documents, Foley was found guilty of eight misdemeanor charges of simple assault causing bodily injury. Donovan, employing enhanced sentencing recommendations, sentenced Foley to 2 to 5 years in state prison for each count. Seven of these sentences will be served concurrently, with one served consecutively.
Foley was also found guilty of one count of simple assault and one count of resisting arrest, receiving a maximum of 12 months in the Rockingham County Jail for each. These sentences will run concurrently with the others.
Additionally, Foley was found guilty of two felony Class B counts of criminal threatening with a dangerous weapon (a knife).
Donovan imposed enhanced sentences of 3½ to 7 years in state prison for each count, suspended for 10 years, contingent on Foley’s good behavior during that period.
Foley, who has been held without bail since his arrest last November, was given credit for time served.
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Foley acted as his own attorney during his three-day trial at Rockingham Superior Court in August. The court appointed an attorney from the New Hampshire Public Defender’s office who acted as Foley’s stand-by counsel.
Foley’s sentences are all conditioned upon good behavior, according to court documents. Donovan also made sentences conditioned upon Foley entering into counseling, treatment or educational programs, as well as drug and alcohol assessment/treatment, counseling and screening, according to court records.
Other conditions for Foley’s felony sentences require he have no contact with his victims, according to court records, and that he not enter the 401 Tavern.
Reno said he hoped the sentences and conditions would help in correcting Foley’s behavior.
“I hope he can get the assistance he needs,” Reno said.
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What led to the assault of officers outside the 401 Tavern?
Foley’s charges stem from a Nov. 16, 2023, incident that took place at the 401 Tavern on Lafayette Road (Route 1) in Hampton. According to Reno, at about 7 p.m. that night, Hampton police dispatch was called by 401 Tavern employees worried a drunk and disorderly man was about to get on his motorcycle and ride away.
Reno said during that call 401 Tavern employees failed to explain Foley had caused a scene, threatened to fight everyone in the bar and threw a glass at the bartender.
Arriving on the scene, Hampton officers found Foley putting on his motorcycle gear in the parking lot, preparing to drive off, Reno said. When officers spoke with him, according to Reno, Foley admitted throwing the glass at the bartender.
Officers told Foley that as a matter of safety, since he had no sober ride, they were going to take him into protective custody, according to Reno. Initially, Foley complied, Reno said, allowing officers to handcuff him and walk him to the cruiser. Once there and checking Foley for weapons, he told police he “had several knives” on him, Reno said.
The officers retrieved one knife but couldn’t reach the others while Foley was handcuffed, Reno said. When one of Foley’s hands was released to access his other weapons, Foley resisted.
“He became aggressive and tried to pull away,” Reno reported, “punching and striking both officers who were trying to subdue him. He kept yelling and telling the officers, ‘You’re going to die.’”
Both officers were struck repeatedly in the head and face by Foley, who also attempted to kick and bite them, Reno said. When more officers arrived, Foley was subdued, brought to the police station and booked.
Both officers were brought to the emergency room for evaluation of their injuries, and both were treated and released, Reno said.
This article originally appeared on Portsmouth Herald: NH man gets 4-10 years for violent, drunken attack on Hampton officers
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