Jump to content

Kenneth Foster (criminal)

Edit links
From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by 157.238.209.10 (talk) at 21:13, 23 August 2007. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Kenneth Foster, Jr. (born October 22, 1976) was convicted of murdering Michael LaHood. His conviction and impending execution are contested because he was convicted under a law of parties, not for physically committing the crime. He is scheduled to be executed in Texas on August 30, 2007.

The crime

The murder of Michael LaHood occurred on the night of Aug. 14, 1996. Kenneth Foster, along with Mauriceo Brown, DeWayne Dillard, and Julius Steen, used Dillard's gun to commit two armed robberies, reportedly under the influence of alcohol and marijuana. The testimony established the general route taken after the first two robberies, by Foster as he followed Mary Patrick's vehicle from an apartment complex off Blanco Road, across Bitters Road, north on San Pedro avenue, and into the neighborhood and the LaHood residence, a distance in excess of 5 miles. They pulled over and Mauriceo Brown got out of the vehicle and robbed and killed LaHood. According to testimony, they had not discussed robbing or killing LaHood, and instead had followed Mary Patrick to get her phone number. They claimed that despite having just commited two robberies and followed Ms. Patrick for miles, they had no idea another robbery was going to take place. Foster claims Brown effectively acted "out of an independent impulse".[1] Foster, the driver, began to leave the scene, but the others convinced him to wait for Brown. They were caught and arrested on August 15, 1996.

On May 5, 1997, a state district judge in a San Antonio court handed down the verdict of the death penalty for Kenneth Foster. Foster had been tried alongside Brown, rather than in a separate trial. He was charged under a Texas "law of parties" statute (§7.02 of the Texas penal code[2]). The statute maintains that there is no difference between the perpetrator of a crime and an accomplice when the accomplice had prior knowledge that the crime would happen. Tyson v. Arizona established the precedent that a person may be executed for a crime he or she did not commit if he or she was a "major participant" or acted with "reckless indifference to the value of human life.".[1]

Trial evidence demonstrated Foster: (1) actively participated in the group's robberies; (2) knew members of the group were using a gun to commit them; (3) shared the proceeds from them; (4) was the getaway driver; and (5) expressed no remorse when Michael LaHood was murdered. Therefore, the court held a rational jury could have determined Foster anticipated a life would be taken. Id. In addition, the court noted: after Brown shot Michael LaHood, Foster drove him away, all the while telling Brown to hide the gun; further, when police pulled over the vehicle, Foster encouraged Brown to hide the gun in his underwear.


  • On appeals the Texas Court of Criminal Appeals upheld this verdict.
  • A federal district court then reversed the ruling.
  • The 5th Circuit Court of Appeals in New Orleans later reinstated the death sentence for Foster.
  • On August 7, 2007, the Texas Court of Criminal Appeals denied Foster's final appeal.

Mauriceo Brown, who admitted to killing Michael LaHood in August 1997, was executed in 2006. Neither DeWayne Dillard nor Julius Steen was sentenced to death.

Possibilities for commutation of sentence

Foster's last hope is a favorable decision by the Texas Board of Pardons; a decision is due August 30th. The seven-person committee will review Foster's case and decide whether or not to recommend commutation. Five of seven members must recommend commutation for the decision to be passed to the governor of Texas who must ultimately approve or deny the Board of Pardons' decision.

Personal life

Kenneth was born in Austin, Texas. When he was four, he moved to live with his grandparents in San Antonio, Texas. He later attended high school at John Marshall where he graduated in 1995. As an adolescent Kenneth pursued his interests in the music industry, working with such record companies as Eternal Life Productions, Mystic Records, and Dad's House Recording Studios.

In the fall of 1995 he began studies at St. Philip's College, majoring in sociology.

In 1996 Foster fathered a daughter, Nydesha Foster, with Nicole Johson. His daughter Nydesha Foster, now 11, currently lives with her mother.

In 2007, despite having spent the last 11 years in jail, Kenneth Foster was married to Tasha Narez-Foster (a.k.a. Jav'lin), a rapper who lives in the Netherlands. The two fell in love while exchanging letters.

References

  1. ^ a b Man to Be Executed, Although Prosecutors Say He Didn't Kill, ABC News, August 14, 2007. Retrieved on 2007-08-14.
  2. ^ http://law.onecle.com/texas/penal/7.02.00.html
Retrieved from "https://en.wikipedia.org/w/index.php?title=Kenneth_Foster_(criminal)&oldid=153222474"