Police: Man alleged to have used dead man’s guns to shoot up parents’ house

ST. CHARLES – A Yorkville man who stands accused of falsely reporting a burglary and a shooting had actually used his girlfriend's deceased father's guns to shoot up his parents' house, then claimed to have shot at an escaping intruder, according to affidavits filed by police.

Timothy B. Fay, 28, was charged Oct. 30 with three felonies, the most serious being aggravated discharge of a firearm into a building from the outside, a Class X felony punishable by six to 30 years in prison.

The charge stems from Fay allegedly discharging firearms when he “reasonably should know that the said house would be occupied,” according to the charging documents.

One of the bullets Fay allegedly fired hit a neighbor’s house in the 5N300 block of Oak Road in St. Charles Township, the charging documents stated.

In a news release, St. Charles police stated that a bullet had penetrated the back door and an interior wall of that house.

Fay was also charged with reckless discharge of a firearm, in that he endangered the safety of others “while shooting multiple rounds of ammunition in the basement, garage, kitchen and a bedroom of the house, endangered the bodily safety of others in the surrounding area in that rounds were found to have exited the house he was in and other spent rounds could have easily exited the house or ricocheted out of the house … .”

Officers found numerous spent casings of various calibers throughout the house on Grand View Court, according to the release. Bullet holes were found in the walls of the residence, in furniture and the overhead garage door.

Fay was also charged with disorderly conduct in that he knowingly and unlawfully reported that a crime had been committed, according to the charging documents.

Police filed affidavits in the case in order to obtain search warrants, records show.

According to a police affidavit, Fay claimed to have been shot by a burglar Oct. 26 while staying at his parents’ house in the 3600 block of Grand View Court while they were on vacation in Canada.

Fay said he was awakened from a nap in an upstairs bedroom by a loud noise coming from the kitchen area, the affidavit stated.

“He went downstairs and observed a male white subject in the kitchen area,” the affidavit stated. “ … When he walked into the kitchen area, he and the offender were about 10 to 15 feet away from each other. He said the offender said nothing to him and just raised an unknown type of handgun, possibly a 9 mm, and then shot him in the left shoulder area … then fled out a backdoor into the backyard area and he lost sight of him.”

In a separate affidavit, Fay stated he was in shock, but after speaking with his father, Fay then called 911 and was taken to Northwestern Medicine Delnor Hospital in Geneva. Fay later told police he had fired shots at the intruder with a .223-caliber rifle, according to the affidavit.

Fay’s girlfriend told police that her father had died a month ago and that she had inherited several firearms and ammunition from him, the affidavit stated.

“She said that Fay had taken possession of them and had brought them over to his parents’ house, where this incident had been reported,” according to the affidavit.

The woman told police she saw a handgun that belonged to her father in the bedroom of the house, according to the affidavit.

The girlfriend told police that she found Fay sleeping and smelling of alcohol when she went to check on him about 12:30 p.m. that day, according to the affidavit.

Fay was released after posting $20,000 bond, or 10 percent of the $200,000 bail, that was set. He is scheduled to appear in court Nov. 17.