'08 killings of couple recounted

Posted: September 12, 2012

THE CALM VOICE and collected demeanor displayed by Thomas Foggy on a Philadelphia witness stand Tuesday contrasted with what he was recounting for the jury: the brutal 2008 murders of a husband and wife inside the couple's Feltonville clothing store.

Foggy, 23, of Feltonville, pleaded guilty last week to third-degree murder in the couple's deaths and agreed to testify against Donald Guy, 28, his alleged accomplice and the accused triggerman.

In exchange for his testimony, Foggy will receive a 27 1/2-to-65-year prison sentence instead of life without parole, which Guy will receive if convicted of murdering Amissi Ndikumasabo, 41, and his wife, Bintou Soumare, 45, inside their Urban Wear clothing store on July 15, 2008.

Answering questions from Assistant District Attorney Bill Davis, Foggy testified that on the morning of the slayings, Guy came to his home and proposed that they rob the store, on Wyoming Avenue near Mascher Street.

Guy supplied each man with a handgun to rob the store, which did not have a cash register, Foggy said.

"Walking to the store, we put it together," Foggy told the jurors, recalling that he was supposed to distract the wife, while Guy pretended to buy something from her husband and then robbed him when he reached into his pocket to make change.

Foggy said that while he was talking with the wife about jeans near the front of the store, "all of a sudden I heard a gunshot. Me and the lady looked in the back, and he was shooting the guy in the head," he said of Guy.

"Then, the lady started screaming. . . . I pulled out my gun. The lady was screaming. After the fifth shot the man went down. Then [Guy] said, 'Kill that bitch.' I was just standing there . . . I wasn't moving and he snatched the gun from my hand and pulled the trigger twice," he said, indicating that Guy shot the woman in the neck.

Guy's defense attorney, Jay Gottlieb, tried to cast doubt on Foggy's testimony by referring to the plea deal he made with the District Attorney's Office.

"So, you made this deal with the intent to save yourself - a 23-year-old man - as much time as possible to stay out of prison?" Gottlieb asked.

"No, I made the deal to tell the truth, to tell what happened," responded Foggy, who said he wanted only to rob the couple, not to kill them.

Contact Mensah M. Dean at deanm@phillynews.com or 215-568-8278. Follow him on Twitter @MensahDean.

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