![From left, Sean Douglas Foss, 22, and Tyler Christopher Gallon, 20, both of Clearlake, Calif., entered guilty pleas on Monday, July 13, 2015, for their part in a June 2013 home invasion robbery and the attempted shooting of a police officer. Lake County Jail photos. 071415fossgallonmugs](/images/071415fossgallonmugs.jpg)
LAKEPORT, Calif. – Two local men facing trial for a June 2013 home invasion entered pleas on Monday as part of an agreement reached with the District Attorney's Office.
Sean Douglas Foss, 22, and Tyler Christopher Gallon, 20, both of Clearlake, entered the pleas in the June 26, 2013, home invasion at the home of Ronnie and Janeane Bogner in Clearlake Oaks and the attempted shooting of Clearlake Police Lt. Tim Celli, according to District Attorney Don Anderson.
Foss and Gallon were among several subjects – including Dion Andre Davis, 28, and his girlfriend, Jenaya Jelinek – who drove to the Bogners' home that morning intending to steal guns and money, according to the investigation. Foss had formerly worked for the Bogners' company, Weed Tech.
Authorities said the defendants forced their way into the residence when Janeane Bogner, her grandchildren and her son, Jacob were home.
Jacob Bogner was shot in the leg and pistol-whipped before the group left with $121 in cash, two old handguns and a pellet gun, and Janeane Bogner's 2002 Cadillac Escalade, which later was pushed down an embankment.
The group fled into the city of Clearlake. Celli saw the group in a car driven by Jelinek, and pursued them to the area of 16th Avenue, where they fled the car. Jelinek was apprehended at the car, and Davis shot in Celli's direction several times with the .40 caliber Glock pistol he used to shoot Jacob Bogner.
Davis, Foss and Gallon were taken into custody later that day following a standoff with a SWAT team at a nearby home.
When they originally were charged in the summer of 2013, counts against Foss and Gallon had included the attempted murder of Jacob Bogner, robbery, burglary of an inhabited residence, assault with a firearm, assault with a semiautomatic firearm, grand theft of a firearm, and conspiracy to commit robbery and burglary, officials said.
However, under the deal reached with the District Attorney's Office, they each pleaded to fewer charges and, as a result, face considerably less time in prison.
Anderson said Foss pleaded to armed robbery, assault with a deadly weapon on Jacob Bogner and on Celli, for a total of nine years in prison.
Gallon pleaded out to armed robbery, assault with a deadly weapon on Celli, auto theft, resisting an executive officer and vandalism, for a total time of four and a half years in prison, Anderson said.
In the case of both men, the time they are facing was negotiated, said Anderson, who wanted both of them to have included in their pleas agreements crimes against victims and police officers.
The time the men will receive was heavily impacted by the fact that neither had an adult criminal record before the June 2013 robbery, Anderson said.
Also taken into account was the level of cooperation both offered, said Anderson.
He said Gallon cooperated in the case's early stages and ended up testifying at Davis' trial.
“He got a lot of consideration and time off for his cooperation,” said Anderson.
In Foss' case, he tried to cooperate, but “he didn’t tell me the truth on everything,” said Anderson, who wasn't going to allow Foss to testify at the trial as a result.
Foss and Gallon both are scheduled to be sentenced on Aug. 26, Anderson said.
Anderson said both men must serve their time in state prison, not the county jail.
In the meantime, the judge granted Gallon a weeklong release to spend time with his mother – who has some serious medical issues – on a promise to reappear, according to Anderson.
Anderson said Gallon was released on Monday morning. During the release, he must wear an ankle monitor.
Gallon must report back to the jail early next week, with Anderson explaining that Gallon has a “tremendous motivation” to return to the jail.
“If he does not reappear, he could be looking at roughly another eight years in prison,” Anderson said.
As for the other defendants in the case, Jelinek pleaded out to second degree burglary in 2014 and later was released.
She also testified at Davis' trial, which ended with his conviction in March for armed robbery, burglary, assault with a firearm on Jacob Bogner, assault with a semiautomatic firearm on Bogner, mayhem on Bogner, grand theft of a firearm, vehicle theft, vandalism, making threats of violence to Clearlake Police Lt. Tim Celli, assault with a semiautomatic firearm on Celli, assault with a deadly weapon on Celli, negligent discharge of a firearm, accessory to a robbery or burglary, and conspiracy to commit a robbery or residential burglary, plus 21 special allegations.
The jury deadlocked on two attempted murder counts for the shootings of Bogner and Celli.
Davis' brother, Gregory Pierre Elarms, was tried with him, but the jury deadlocked on all 10 counts against Elarms. The District Attorney's Office later dismissed the case against Elarms.
A sentencing date hasn't yet been set for Davis, whose attorney Bill Conwell told Lake County News after the jury verdict that he intended to seek a new trial.
Anderson said the sentencing recommendation for Davis is 25 years to life, plus 58 years.
Davis also is due to appear in court on Aug. 26 for motion hearings, which Anderson said include a Pitchess motion for the records for sheriff's Det. Doug Dahmen – who had investigated the case and whose work had come under fire in the trial – as well as for investigative documents associated with a case report that hadn't been completed by the time of the trial.
Anderson anticipates that the case now is close to being finalized, outside of Davis' new trial motion, for which he said he didn't see a basis.
“At least, that's my opinion,” he said.
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