HOCKLEY, Texas (KTRK) -- A homeless man is in jail, accused of attacking a 68-year-old woman who was walking down the street.
Nicholas Foley, 36, saw a judge for this week first time in this case, hearing the charges read aloud.
"He punched her in the face, which knocked her down to the ground."
The victim, who asked not to be identified, was left with swelling and cuts to her eye.
The fall causing her to break her shoulder which now requires surgery.
It happened in a Hockley, Texas neighborhood off US-290 and Roberts Road.
The victim told investigators she was taking a routine walk to pick up her grandchildren from elementary school when she says two dogs charged her.
She used her umbrella to fend them off and that's when she says Foley walked up to her and hit her.
He was arrested and charged with injury to an elderly person, a first-degree felony.
"Sounds like an unprovoked incident," said the probable cause court judge.
It all happened in front of a home where Foley was frequently visiting.
The woman who lives there declined to be on camera, but told ABC13 Eyewitness News Foley is down on his luck, living out of his truck, and she was giving him odd jobs to earn money.
She says he was sitting in his truck that day, waiting for her to come home, when his two dogs who were outside charged the victim.
Foley, who was out on bond at the time of the attack for a possession charge, was currently in a pretrial intervention program when he allegedly punched the grandmother.
His bond for this incident was set at $50,000 and he was kicked out of his court program.
His two dogs have still not been turned over to animal control for testing and quarantine.
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Man punches 68-year-old in face after dog incident: Deputies
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