Police: Man in bogus St. Charles burglary used deceased man's guns, changed story for police

Updated 11/8/2017 5:18 PM
  • Timothy Fay is accused of lying about an armed burglar at a St. Charles home and reckless discharge of a firearm.

    Timothy Fay is accused of lying about an armed burglar at a St. Charles home and reckless discharge of a firearm.

A man accused of reporting a false armed burglary Oct. 26 while at his parents' home in St. Charles, used his girlfriend's late father's guns to shoot up the house and later changed his story to say he shot back at an intruder, according to police.

Timothy B. Fay, 28, of Yorkville, is charged with aggravated discharge of a firearm, reckless discharge of a firearm and disorderly conduct, all felonies.

According to police affidavits used to secure two search warrants, Fay's story about how he was shot by an armed burglar on the 3600 block of Grand View Court was quickly exposed.

Initial reports of a burglar who had wounded a resident about 2:25 p.m. sparked a soft lockdown of nearby schools, and prompted police to request help from other departments in a manhunt.

Police said Fay told officers he was taking a nap and was awakened by a loud noise coming from downstairs. Fay told police he saw a man in the kitchen, who said nothing and fired a shot wounding Fay in the left shoulder before running away. Fay said he lost sight of the burglar, and was "in shock," so he called his father and then 911.

The first search warrant was executed at 6:31 p.m. Oct. 26, as officers were looking for guns, ammunition, DNA, FOID cards and any electronic devices that could store data. The warrant was obtained to gather evidence for the burglary and supposed attempted murder, but that shifted after talking to Fay's girlfriend at the scene.

The woman, according to the affidavit, told police her father died about a month ago and she inherited several guns and ammunition. Fay took some of the guns to the house. The woman stopped at the home about 12:30 that day to check on Fay, who she found sleeping and smelling of alcohol.

Fay alluded to an injured shoulder, told the woman a man tried to break in a back door, but he was not going to call police. The woman, police said, saw an unloaded handgun that belonged to her father in the bedroom.

Police found numerous spent shell casings from a 9mm gun and other firearms scattered in the house. "Several areas of the house had apparent bullet holes in the walls and other objects, such as cans, books, chairs and mattresses," read part of the affidavit.

Fay was taken to Delnor Hospital in Geneva, where he said he fired two or three shots at the burglar with a .223-caliber rifle. Fay said he called his girlfriend and his dad before calling 911.

"Real victims of this type of crime Fay claimed to happen would have called immediately after the incident happened, and would know to tell an officer asking him about the incident whether he had shot a gun or not," read part of the affidavit. "Also, the fact Fay had earlier asked (his girlfriend) about his hurt shoulder is suspicious in nature since he was found with an apparent gunshot wound to the shoulder."

Police obtained a search warrant for Fay's Jeep Cherokee and two live 12-gauge shotgun shells were recovered; the court file did not list items seized from the initial search of the home.

Fay, who later was at an undisclosed hospital, surrendered Friday, posted $20,000 bond and was released, records show. He is due in court Nov. 17 and faces up to 30 years in prison.

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