Murder trial witness says bleeding man fell on him

By Mitch Mitchell

mitchmitchell@star-telegram.com

FORT WORTH -- Bleeding from his chest and mouth, Brandon Sibley ran down the street after being shot and fell into the lap of a plumber who called 911.

Greg Bogan, the plumber, testified Thursday in the trial of Arthur Foley, 44, of Fort Worth. Foley is charged with murdering Sibley, a 25-year-old man with an infant daughter.

Bogan testified that he was sitting inside his van on the afternoon of May 23, 2011 when Sibley was shot in the chest. Bogan said he was waiting to do a plumbing job at a business down the street when he saw two people arguing and a group of men standing outside of an auto repair shop.

Bogan said he saw a man come out of the business with a weapon.

"I heard a pop," Bogan told the jury.

The man with the weapon walked back into the business and a smaller man started running toward the street, Bogan testified. He said he opened his truck door and the smaller man fell on him.

"I grabbed him and put my hand on top of his wound," Bogan said. "He was trying to talk but he couldn't say anything."

In opening statements, Abe Factor, Foley's attorney, said his client had no choice but to shoot Sibley. Factor said Sibley, a former employee, came to Alf's Auto Repair in the 5200 block of Mosson Road, Foley's business. Factor said Foley told him Sibley was drunk and threatened Foley's sister. Sibley refused to leave, Factor said.

"It's sad he was so young and so drunk he was irrational," Factor said. "But he was the cause of his own problems."

Witnesses testified that Sibley came to Foley's business and discovered that some speakers he had left at the shop as collateral for a $300-to-$400 loan were missing.

Another Foley employee, Willie Davis, testified that he told Sibley the business had been robbed two days earlier and the speakers had been stolen. Davis said he told Sibley he would either replace the speakers or give him cash once Sibley repaid the loan and after the insurance company settled his claim.

Sibley left and when he returned later that evening, witnesses said he was upset and began fighting with Foley's sister.

Prosecutors argued that Sibley was not a threat and that the men were separating Sibley and Foley's sister soon after the fight started. Testimony is to continue today in Criminal District Court No. 3.

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