36° L/SNOW, Foster guilty of felony murder
Last Modified: Monday, August 25, 2008 at 11:11 p.m.
TUSCUMBIA - Carlos Denote Foster sat silently at the defense table and appeared stunned after a Colbert County Circuit Court jury convicted him of felony murder Monday for the 2007 shooting death of Terris Robinson.
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Foster, 24, was charged with capital murder for killing Robinson, 32, during a robbery attempt at a home of Jarmon Lane near Leighton on Jan. 29, 2007. He faced life in prison without the hope of parole if convicted of capital murder. He faces 20 years to life in prison for the felony murder conviction but will be eligible for parole.
The jury of 11 women and one man deliberated for almost five hours before reaching the verdict. After deliberating for about 4- 1/2 hours, jurors notified Colbert Circuit Court Judge Jackie Hatcher that they were deadlocked and could not reach a verdict. Hatcher urged them to resume deliberations. About 15 minutes later, the verdict was reached.
Colbert District Attorney Bryce Graham Jr. was satisfied with the conviction.
"Felony murder is Class A felony and is about as serious of a conviction as you can get," Graham said. "It's just shy of capital murder. We consider it a victory."
Graham said he and assistant Colbert District Attorney Angela Hulsey will ask Hatcher to impose a life sentence. A date has not been set for Foster's sentencing hearing.
Defense attorney B.T. Gardner, of Tuscumbia, had mixed emotions about the outcome of the trial.
"I'm disappointed the jury didn't find my client innocent. I think he is innocent," Gardner said. "On the other hand, I'm deeply grateful they found him guilty of the lesser included charge of felony murder."
Prosecutors contended that Foster, Reginald "Reggie" Langham, 33, Eric Martese Goldman, 27, and Andrew Burge, 22, all of Florence, went to the Jarmon Lane community planning to rob a drug dealer. When they were unable to find the intended target, they went to the trailer where Robinson was playing cards with friends to rob them. Langham, Goldman and Burge all pleaded guilty to murder and are serving 20-year prison sentences.
Prosecutors argued that Foster was the only person who fired a gun during the robbery.
In his closing argument, Gardner contended that Langham shot Robinson. He urged jurors to acquit Foster.
"Carlos was there. But the only thing he's guilty of is being stupid. He was a college kid running with a bunch of outlaws," Gardner said.
Foster played football at the University of North Alabama before being dismissed from the team for an undisclosed rules violation in 2006.
During the trial, Langham admitted the Tec 9 semi-automatic handgun was his, but said repeatedly that Foster did the shooting.
Gardner told jurors Monday that Langham is a self-professed gun fanatic who was so proud of the Tec 9 pistol that he kept a photograph of it stored in his cell phone.
"You think he's going to give that gun to somebody else? No, he's going to keep that gun himself," Gardner said during the trial.
During his portion of the prosecution's closing argument, Graham reminded jurors that four witnesses to the shooting, including two men who were wounded in the shooting, identified Foster as the shooter.
"Every witness said that Carlos Foster came through the door shooting away." Graham said.
Dennis Sherer can be reached at 740-5746 or dennis.sherer@TimesDaily.com.
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Comments
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August 26, 2008 10:22:14 am
RE: http://www.timesdaily.com/arti...6/ARTICLES/808260330
To the Robinson Family I am sorry. It should have been Capital Murder and he should get life.Hopefully he will serve the maximum sentence possible and not get off for good behavior or out on parole.
August 26, 2008 10:49:12 am
Didn't he shoot a drug dealer?
August 26, 2008 4:34:58 pm
Most of the people there were drug dealers, BUT that doesn't make it right to murder anyone. They are still someones son, father, or brother.
August 26, 2008 10:44:57 pm
Being a drug dealer doesn't make it right for someone to take your life.Do you thnk Mr.Robinson's mother loved him any less because of what he did?She did her job.She raised him and he grew up and made his own choices of how he wanted to live his life.What about his children?Did they think less of him?I doubt it.To them he was daddy.Would it be better if he was a drug addict?Maybe then people would feel sorry for him.It doesn't matter what kind of person he was or what kind of life he led.He was murdered.And just like anyone else that's murdered his murderer deserves a just punishment.If we had the right to choose who lives and who dies then we all would be murderers.What about the loss that his mother is feeling?She's not feeling the loss of just another drug dealer,she's feeling the loss of her only son.
August 27, 2008 12:04:18 am
There is not CIT (good time) for Class A felonies. He will be eligible for parole in around 10 years, depending on circumstances and connections.
August 31, 2008 10:45:30 am
I so agree with you frostyhairqueen,the victim did not have to die the way that he did. People judge people by what they do and no it is not the right way to live your life but that is the way he chose to live it. No one is perfect at all, including the suspect so people think its cool for him to kill this drug dealer and stand another chance at life. No, that is wrong! HE DID THE CRIME AND HE SHOULD DO THE TIME. No one has judged him on his actions, to as of him being a "DRUG USER" yes, I know him personally and I am not going to take up for him at all. Because he was wrong,I will not put it on him "getting in with the wrong crowD" Squirrel (thats what we call him) knew exactly what he was doing. Wether he pulled the trigger or not, and I do belive they all got what they deserve, and should be lucky that they did not haNg their ass's....
August 31, 2008 10:45:31 am
I so agree with you frostyhairqueen,the victim did not have to die the way that he did. People judge people by what they do and no it is not the right way to live your life but that is the way he chose to live it. No one is perfect at all, including the suspect so people think its cool for him to kill this drug dealer and stand another chance at life. No, that is wrong! HE DID THE CRIME AND HE SHOULD DO THE TIME. No one has judged him on his actions, to as of him being a "DRUG USER" yes, I know him personally and I am not going to take up for him at all. Because he was wrong,I will not put it on him "getting in with the wrong crowD" Squirrel (thats what we call him) knew exactly what he was doing. Wether he pulled the trigger or not, and I do belive they all got what they deserve, and should be lucky that they did not haNg their ass's....
August 31, 2008 10:56:38 am
I agree with you here. I hope this conviction brings peace to the family of the murdered man.
August 31, 2008 10:57:45 am
Well said.
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