Foster capital murder trial begins

Ennis Willingham testified Tuesday there is no doubt in his mind that Carlos Denote Foster is the man who shot him in 2007.

Testimony got under way Tuesday in Foster's capital murder trial. The Florence man is charged with killing 29-year-old Terris Robinson and wounding Willingham, 26, and Labarges Madden, 24, during a Jan. 29, 2007, shooting at a home off Jarmon Lane near Leighton.

When Colbert District Attorney Bryce Graham Jr. asked Willingham who shot him, he replied "Foster" and pointed to the defendant.

Willingham, of Leighton, who walks with the aid of crutches, said his right leg remains paralyzed from the shooting. "I can't walk. I can't use my legs like I want to," he said.

Madden, also of Leighton, pointed to Foster when Graham asked who shot him.

"He walked in and said 'give it up,' then he started shooting," Madden said.

Madden testified he was shot once in the back and spent two weeks in a Huntsville hospital.

In her opening statement, Assistant District Attorney Angela Hulsey told jurors she expects the evidence will show that Madden led Foster, Reginald "Reggie" Langham, 33, of Town Creek, Eric Martese Goldman, 27, and Andrew Burge, 22, both of Florence, to the home after they asked where they could buy marijuana.

Hulsey told jurors that after Madden, Goldman and Burge went inside the home, Foster went in moments later firing a semi-automatic weapon.

"The defendant shot and he shot and he shot, firing off a total of seven rounds," she told jurors.

Hulsey told jurors the drugs were sold and used at the home where the shooting occurred.

Madden and Willingham both testified during questioning by Graham that they had used and sold illegal drugs. They also testified that Robinson had used and sold drugs.

Defense attorney B.T. Gardner Jr., of Tuscumbia, said in his opening statement that the shooting was the result of a drug deal gone bad.

"Selling drugs is a very dangerous business," Gardner told jurors. "The witness list in this case reads like a who's who of dope dealers here in Colbert County."

Prosecutors contend the shooting was unprovoked.

Madden testified he had no idea Foster was planning to shoot anyone when he agreed to lead the four men to the home.

In March, Langham, Goldman and Burge pleaded guilty to murder and were sentenced to 20 years in prison.

Gardner told jurors he expects the evidence will show Foster is innocent. "If he's guilty of anything, he's guilty of being stupid."

Gardner contends numerous guns were fired during the shooting.

"You had the shoot out at the OK Corral," he said. "There were bullets flying everywhere."

Hulsey told jurors she expects the evidence will show that Foster is the only person who fired a gun during the shooting.

Madden and Willingham testified that Foster was the only person who had a gun the night of the shooting.

If convicted of capital murder, Foster will be sentenced to life in prison without parole. Prosecutors did not seek the death penalty.

The trial continues today in Colbert Circuit Court Judge Jackie Hatcher's courtroom.

Dennis Sherer can be reached at 740-5746 or dennis.sherer@TimesDaily.com.