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Kenneth Foster (criminal)

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For the British figure skater, see Kenneth Foster (figure skater). For the British politician, see Kenneth Foster (politician).
Kenneth Foster
Born
Kenneth Eugene Foster Jr.

(1976-10-22) October 22, 1976 (age 48)
Texas, U.S.
Known forControversial conviction and death sentence
Criminal statusIncarcerated
Conviction(s)Capital murder
Criminal penaltyDeath; commuted to life imprisonment with the possibility of parole after 40 years
Details
Location(s)San Antonio, Texas, U.S.
Date apprehended
August 15, 1996
The Ellis Unit housed the State of Texas death row for men until mid-1999.
Allan B. Polunsky Unit houses the State of Texas death row for men.

Kenneth Eugene Foster Jr. (born October 22, 1976) is a prisoner formerly on death row in Texas, convicted under the Texas law of parties. At 19 years old, he was convicted of murdering Michael LaHood Jr. on August 15, 1996 at 2:46 a.m., despite not firing a shot.[1] On that same night, Foster, along with three of his friends, Julius Steen, Mauriceo Brown, and Dwayne Dillard, were driving around San Antonio committing armed robberies. Eventually, the group found LaHood outside his parents' home. From there, Mauriceo Brown allegedly exited the car and killed him with a shot to the head.[2] Foster's conviction and death sentence were contested because he was convicted under the law of parties, not for physically committing the crime.

While Texas law uses the phrase, "law of parties," this concept is simply a form of "felony murder," a ubiquitous legal standard well known in both common law and by statute. 43 of the 50 United States have some form of felony murder. Under felony murder, a person may be criminally liable if the accused causes the death of another person in the course of committing a separate felony. Of the 43 states with some form of felony murder, there are at least four approaches related to variables such as degree of negligence, proof of "malice," or in 28 states proof of a related death and the mere act of committing the separate felony are sufficient.[3]

Foster, Texas Department of Criminal Justice (TDCJ) death row #999232, was received on death row on July 1, 1997.[4] He was initially located in the Ellis Unit, but was transferred to the Allan B. Polunsky Unit (formerly the Terrell Unit) in 1999.[5]

Texas Governor Rick Perry commuted the death sentence to 40 years to life imprisonment only six hours before the execution was scheduled to take place on August 30, 2007.[6] Foster will be eligible for parole in 2036.[7] He was then incarcerated at the Stiles Facility of the Texas Department of Criminal Justice and subsequently assigned to the facility's administrative segregation.[7] Mauriceo Brown, the man who pulled the trigger on Michael LaHood Jr., was executed on July 19, 2006.[8] Dwayne Dillard was sentenced to life for killing a taxi driver two weeks before LaHood's murder.[9] Julius Steen was convicted of aggravated robbery and was also sentenced to life.[10]

On November 6, 2021, while serving his life sentence at the Telford Unit, fellow inmate Anthony Dominguez was killed by injuries consistent with a physical altercation.[11] Foster is believed to have killed Dominguez based on video footage. If convicted of murder for killing Dominguez, Foster could go back to death row.[12]

See also

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References

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  1. ^ Marra, William (August 14, 2007). "He Didn't Kill, but He Will be Executed". ABC News. Archived from the original on March 5, 2014. Retrieved February 13, 2020.
  2. ^ Smith, Jordan (February 11, 2005). "Wrong Place, Wrong Time". The Austin Chronicle. Retrieved February 12, 2020.
  3. ^ Robinson, Paul (2 January 2017). "Mapping American Criminal Law: Variations Across the 50 States".
  4. ^ "Kenneth Foster". Texas Department of Criminal Justice. Archived from the original on November 26, 2001. Retrieved April 15, 2016.
  5. ^ "Death Row Facts". Texas Department of Criminal Justice. Retrieved February 4, 2016.
  6. ^ Blumenthal, Ralph (August 31, 2007). "Governor Commutes Sentence in Texas". New York Times. Retrieved February 11, 2024.
  7. ^ a b "Offender Information Details: Foster, Kenneth". Texas Department of Criminal Justice. Retrieved February 13, 2020.
  8. ^ Graczyk, Michael (July 18, 2006). "San Antonio man executed for 1996 slaying". Plainview Daily Herald. Retrieved February 13, 2020.
  9. ^ Graczyk, Michael (July 19, 2006). "San Antonio man executed for killing student". Associated Press. The Houston Chronicle. Retrieved February 11, 2024.
  10. ^ "Julius Charles Steen v. The State of Texas--Appeal from 226th Judicial District Court of Bexar County". Justia.
  11. ^ Luna, Alondra (November 16, 2021). "Texas inmate found dead in cell". WOAI-TV. Retrieved February 11, 2024.
  12. ^ McCullough, Jolie (November 16, 2021). "Spared execution once, Texas prisoner Kenneth Foster could face death penalty again after cellmate's death". The Texas Tribune. Retrieved February 11, 2024.
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