DAMON FOY ARRAIGNED ON EIGHT-COUNT INDICTMENT CHARGING MURDER IN THE SECOND DEGREE FOR TOWN OF ROCHESTER KILLING

Posted April 19, 2024

Kingston, NY—On Friday, April 19, 2024, Damon Foy, 50, of Kerhonkson, was arraigned in Ulster County Court before the Honorable Bryan E. Rounds on an indictment related to a recent Town of Rochester homicide. Foy was remanded to Ulster County Jail without bail.

The indictment charges Murder in the Second Degree, Aggravated Criminal Contempt, Concealment of a Human Corpse, Criminal Contempt in the First Degree, Criminal Mischief in the Third Degree, Assault in the Third Degree, Criminal Obstruction of Breathing or Blood Circulation, and Criminal Possession of a Weapon in the Fourth Degree.

The indictment alleges that between March 31 and April 1, 2024, Foy murdered Alberta Dale, 44, of Pennsylvania, dismembered her, and was in the process of disposing of her body when law enforcement intervened.  Ms. Dale’s remains were ultimately located by April 3, 2024 during the ensuing investigation.

On April 1, 2024, the Ulster County Sheriff’s Office began their investigation by conducting a welfare check of Ms. Dale at the defendant’s residence after family members in Pennsylvania contacted authorities there.  After she still was not located, a formal missing person investigation began.

On April 2, 2024, a member of the public found property quickly determined to belong to Ms. Dale on the side of the road in the Town of Wawarsing.  This property was ultimately turned over to the Sheriff’s Office, which aided the already ongoing investigation into Ms. Dale’s whereabouts and the possibility foul play was involved.

These actions and the continued investigation were instrumental in the Sheriff’s Office ultimately obtaining search warrants for Foy’s residence and other locations, where additional evidence was located.  This evidence led to Foy’s arrest on April 3rd for Murder in the Second Degree, when he was initially arraigned in Esopus Town Court and remanded to the Ulster County Jail without bail, where he has remained since. 

At a press conference following arraignment, Ulster County Sheriff Juan Figueroa said, “This was an example of total disregard for human life.  What happened to the victim was horrific and cruel and will not be tolerated in our community; the Ulster County District Attorney’s Office, Ulster County Sheriff’s Office and the New York State Police we will fight for justice for the victim and her family.”

District Attorney Emmanuel C. Nneji said, “This case showcases in one person the evil of domestic violence.  Let there be no speculation about mental health, as often happens - this was a pure exhibition of evil.  The total disregard for the life and dignity of another person is at the heart of domestic violence; Damon Foy has shown us that.  As we prosecute this case and pay our respects to Alberta Dale, we must recognize in our laws the rights of victims to be actually safe from their main source of the danger targeted for them, and demand laws that actually protect victims.”

Instrumental assistance in this investigation was also provided by the New York State Police Troop F, including their Forensic Investigation Unit, Bureau of Criminal Investigation personnel from the Ellenville, Highland, and Kingston barracks, and their Major Crimes Unit, along with the Ulster County Medical Examiner’s Office.

The defendant is presumed innocent unless and until proven guilty in court.  The case is being prosecuted by Chief Assistant District Attorney Elizabeth Culmone-Mills, Special Victims Bureau Chief Jenna Hastings, and Assistant District Attorney Luba Reznikova, who also serves as Director of the Intimate Partner Violence Intervention Task Force.  The defendant is represented by Cliff Owens and Valerio Russo of the Ulster County Office of the Public Defender. 

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If you or a loved one are experiencing sexual or domestic violence, please call Ulster County Crime Victms Assistance Program at (845) 340-3443, or 911 if you are in immediate danger.

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