Lamb County Man Sentenced to Nearly Five Years in Federal Prison Without Parole for Bank Robbery in Abilene

February 10, 2010 - LUBBOCK, TX—Terry Don Foley, 50, of Littlefield, Texas, was sentenced on Friday, by U.S. District Judge Sam R. Cummings to 57 months in federal prison. Foley pleaded guilty in November 2009 to one count of bank robbery.

According to documents filed in the case, for about two weeks prior to September 3, 2009, Foley traveled from Littlefield to Abilene, Texas, to "scout out" or "case" a bank to rob. On September 3, 2009, Foley again traveled to Abilene; he entered one bank, but left without conducting any business or robbing it. Bank officials, suspicious of the defendant, notified the Abilene Police Department and provided a physical description of the defendant, as well as the vehicle he was seen driving.

A short time later, an Abilene police officer entered the American State Bank, 2001 Antilley Road, in Abilene to warn them about a suspicious person possibly attempting to rob a bank, and saw Foley in the bank. When approached by the police officer, Foley had a bank demand note in his hand which said, in part:

First of all, I am armed and if any form of alarm is activated I will open fire on you and your staff in retaliation. I am currently on the phone with partners who are scanning all local police frequencies. We are also monitoring secured IF alarm frequencies. It is very important you remain calm right now or you will force an aggravated robbery and place many lives in jeopardy.

Be advised that there are two gunmen outside the bank providing cover for me. Like me, they are ex-military, exceptional marksmen, and will not think twice about opening fire.

Again, it is very important that you remain calm and act normal and not draw attention to your staff or clients. If you do exactly as you are told, everyone will go home to their families (sic) tonight. You’re (sic) actions will dictate the outcome. Take a couple of deep breaths...Keep your composure and continue reading on the next page.

The three-page note went on to give specific instructions on how to carry out his demands. The officer found a pellet gun, which resembled a genuine .45 caliber handgun, as well as several other demand notes, in the bag Foley was carrying.

While Foley did not actually rob the bank, Title 18, United States Code, Section 2113(a) makes the entry of a bank, with the intent to commit a felony affecting the bank, a violation of the bank robbery statute.

The case was investigated by the FBI and the Abilene Police Department. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams, of the U.S. Attorney’s Office in Lubbock, Texas, was in charge of the prosecution.