FOLEY, Ala. — A Foley school zone threat that began with reports of an armed man walking between two campuses on Tuesday morning, Nov. 10, ended with a 59-year-old Foley man in custody and facing both a misdemeanor and a felony charge. Investigators later determined that the object seen in his hand was a replica firearm, a BB gun, which officers recovered a short distance from where they first encountered him.
No students or staff were hurt, and the Foley Police Department said the man was detained without incident. Both nearby schools put protective measures in place while officers worked the scene, and police said there was no continuing threat to either campus once the man was in custody.
What Families Near the Campuses Experienced
The first calls came in at about 7:40 a.m., right as the school day was getting underway. Callers reported a man carrying a gun in the area of 9th Avenue and South Oak Street, a stretch that sits between Foley High School and Mathis Elementary School.
Because of how close the location is to both campuses, the schools moved quickly to secure their buildings. Police described those steps as appropriate safety measures, and they were in place only briefly while officers located the man and sorted out what had happened.
Word spread fast. Department officials said schools and parents began fielding phone calls during the morning, and a video circulating on social media showed a man walking along 9th Avenue holding what looked like a handgun. A passerby who was headed toward the high school recorded part of the scene and later shared online that she had been frightened because it was happening in a school zone, adding that she was grateful officers responded so quickly.
Police leaders said their priorities in the first minutes were straightforward: lock down the scene, make sure children were safe and keep the public informed about what was happening.
How Officers Built the Foley School Zone Threat Case
According to the Foley Police Department, the person who first called police reported that a man with a firearm had threatened them. Officers arrived in the area, found the man and detained him without a struggle.
When officers first made contact, he was not carrying a gun or any other dangerous instrument. Detectives then spoke with the people who reported being threatened as well as other witnesses. The department said the statements from those victims and eyewitnesses gave officers sufficient probable cause to arrest him for menacing.
The video that had been shared online was also part of the picture. A department official said the footage clearly appeared to show the man with a firearm. As the investigation continued, officers searched the surrounding area and found a replica firearm, later identified as a BB gun, a short distance from the spot where they had initially stopped him.
Police said the man told officers he had been walking to a grocery store. He did not offer an explanation for why he would have needed to carry a weapon on that trip. He was booked into the Baldwin County Jail.
The Charges: Menacing and a First-Degree Terrorist Threat
The man was first charged with menacing, which Alabama classifies as a Class B misdemeanor. Police said at the time that detectives were weighing additional charges.
Later on Nov. 10, the department announced an added count of making a terrorist threat in the first degree, a Class B felony. Police said that charge reflects the man’s overall conduct and the disruption it caused at the Foley schools.
The department explained that even though the item turned out to be a BB gun rather than a real firearm, the behavior still supported a menacing charge, and the disruption to the schools, along with the overall threat, supported the more serious terrorist threat count.
Police officials stressed that the case was still in its early stages on Tuesday.
What these offenses mean under Alabama law
- Menacing: In general terms, Alabama law defines menacing as using physical action to intentionally place, or try to place, another person in fear of imminent serious physical injury. As a Class B misdemeanor, it carries a possible jail sentence of up to six months.
- Making a terrorist threat: This offense generally covers threatening violence or serious harm with the intent, or the result, of causing fear, evacuations or significant disruption, including disruption of school activities. A Class B felony in Alabama carries a sentencing range of two to 20 years in prison.
Those ranges describe what state law allows. Any actual outcome would depend on the court process, the evidence presented and decisions by prosecutors and a judge.
Why a Replica Can Still Bring Serious Charges
Replica firearms and BB guns can look nearly identical to real handguns, especially from a distance or in a short video clip. For the people who see one, and for the officers who respond, there is often no way to tell the difference in the moment. That is why a report of a person with a gun near a school draws an immediate, full response, regardless of what the object turns out to be.
Under Alabama law, a terrorist threat charge does not depend on whether a weapon is real. The focus is on the threat itself and its effect, such as fear among the people targeted and the disruption of normal activities. In this case, police pointed specifically to the impact on the two schools as the reason for the felony count.
A Presumption of Innocence
The 59-year-old has been charged but not convicted. Like anyone accused of a crime, he is presumed innocent unless and until he is proven guilty in court.
Cases like this typically move from an arrest and initial appearance to a review by prosecutors. A felony charge in Alabama generally goes before a grand jury, which decides whether there is enough evidence for an indictment before the case can proceed to trial in circuit court. Bond conditions are set by the court.
Separate Shooting Later in the Day Was Not Connected
Foley police also investigated a separate incident on Nov. 10 in which a 16-year-old was shot. The teen was taken to a hospital and was listed in stable condition. Police said that shooting did not appear to be connected to the case near the schools.
Staying Informed About School Safety in Foley
The campuses involved are part of the Baldwin County Public Schools system, which serves students across the county and coordinates with local police when safety concerns arise near its schools. Parents who have questions about how their child’s school handles lockdowns or similar precautions can contact the school directly or visit the Baldwin County Public Schools website.
Residents with information about any threat near a school are encouraged to call 911 right away. General information about the city and its police department is available through the City of Foley.
For more coverage from the area, visit our Foley news section, and follow ongoing crime and court coverage from across South Alabama.
