Bail set at $4 million for Diboll man accused of shooting at ACS - KTRE.com | Lufkin and Nacogdoches, Texas

Bail set at $4 million for Diboll man accused of shooting at ACSO deputies

Source: KTRE Staff Source: KTRE Staff
Source: KTRE Staff Source: KTRE Staff
Joshua Day (Source: Angelina County Jail) Joshua Day (Source: Angelina County Jail)
ANGELINA COUNTY, TX (KTRE) -

An Angelina County justice of the peace has set a collective bail amount of $4 million for the 23-year-old man accused of firing a rifle at ACSO deputies Saturday morning.

Joshua Sterling Day, of Diboll, is still being held in the Angelina County Jail on three first-degree felony aggravated assault of a peace officer charges, a third-degree felony assault of a peace officer charge, and a third-degree felony obstruction or retaliation charge.

East Texas News obtained the arrest affidavit for Day Monday afternoon.

According to a post that appeared on Angelina County Sheriff Greg Sanches’ Facebook page, ACSO deputies responded to a home on Jenna Lou Road in reference to numerous 911 calls. One caller said that a home invasion was taking place at the residence.

“A later call from a different person there warned deputies to approach with caution and that a person at that location was armed with a rifle,” Sanches’ post stated.

When the ACSO deputies arrived on the scene, they spotted Day, who was positioned behind an animal pen, the affidavit stated. They told him to drop his scoped rifle, and he they allegedly saw him point the gun in their direction. Lt. Brett Maisel said Day was very agitated.

"He had destroyed his mother's house," Maisel said. "He had done a lot of damage to his mother's house, armed himself with a fire arm, and waited for deputies to arrive. "

After the ACSO deputies heard a gunshot, they returned fire. At that point, Day's mother ran to him and grabbed him, the affidavit stated. 

Day then moved away from the cover, dropped the rifle, and charged the ACSO deputies, the affidavit stated. The deputies were able to put Day in handcuffs after a brief struggle in which they used a stun device on him to get him to comply, according to the affidavit.

The ACSO deputies allowed Day to stand up, and when his mother started to speak to him, he got angry again and tried to charge her, the affidavit stated. A deputy pulled Day back toward him to keep him away from his mother, and Day allegedly yelled something at the deputy before he head-butted the man in the mouth.

Once Day had been taken to the Angelina County Jail, he became "anxious and angry" when the correctional officers asked him the booking questions, the affidavit stated. He allegedly started to struggle, and the correctional officers put him in a restraint chair.

According to the arrest affidavit, Day looked at the deputy he allegedly head-butted at the scene and said, "I'll remember you. I'll catch you. I'll catch you at Walmart. That's not a threat; it's a promise."

Sanches said the day was scary and now with news of two officers killed in Orlando, it shows how much the job has changed.

"It's very important that people realize that the job we do now has changed," Sanches said.

Maisel said once in jail, Day attacked a jailer and an additional charge is pending.

Judge Donnie Puckett said the bond was set high not because of any possible guilt but because of two reasons.

"When we set bond, we look at flight risk and risk to the public," Puckett said in a phone interview. "In this case, reading what was in the affidavit, I was concerned for the public's safety."

Puckett said Day and his attorney do have the right to seek a bond reduction.

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