Ronald Chris Foster

Case details

Ronald Chris Foster was an African American who was 17 years of age at the time of his arrest for the June 10, 1989 murder of George Shelton. Foster was ultimately indicted, tried, and convicted of this offense and was sentenced to die by lethal injection.

The offence

In the early morning of June 10, 1989, an attempted robbery took place at the Hankins Superette convenience store in Lowndes County, Mississippi. George Shelton, the store’s cashier, refused to open the cash register and a struggle ensued with the robber. During the robbery, the robber gained control over a pistol Shelton kept behind the counter for protection. Shelton was shot and killed.

Foster was convicted of killing convenience store clerk George Shelton during a robbery at Hankins Superette in Lowndes County.

Shelton’s body was found behind the counter by a customer who contacted authorities. Shelton had been shot in the head, and the clerk was shot with a gun kept at the store.

Investigation and arrest

After investigating the crime, officers arrested Foster for the capital murder of Shelton. Foster was seventeen years old when the crime was committed.

Trial

Foster was indicted, tried, and convicted of this offense. A Lauderdale County jury imposed the death penalty and Foster was sentenced to die by lethal injection.

Foster’s trial attorney was Mike Farrow. During sentencing-phase preparation, trial counsel requested a psychological examination of Foster.

Farrow’s motion for a psychiatric examination requested evaluation under M’Naghten sanity standards and evaluation of whether Foster exhibited characteristics of a possible brain disorder that could serve as a mitigating factor in the sentencing phase. In support, Farrow presented an affidavit of Foster’s father. The affidavit stated that Foster, throughout his life, had exhibited “strange and bizarre behavior leading us to question his sanity and emotional health and well being.”

The Circuit Court Judge granted the motion for the purpose of determining whether Foster was competent to stand trial under M’Naghten, but delayed ruling on whether Foster should have a psychiatric examination for mitigation purposes until the results of the initial M’Naghten sanity examination could be obtained.

During a motion for continuance, Farrow stated that he planned to call expert witnesses during the mitigation portion of the trial. The case proceeded to trial without a ruling on appointment of a mental health expert for mitigation during the sentencing phase.

Consequently, the only mitigating evidence introduced by Farrow at the sentencing phase was the testimony of Foster’s parents, Steveson and Lillian Foster. Foster’s counsel did not make a request to transfer the case to youth court.

One account stated that Foster suffered two traumatic head injuries as a child, once when he was hit in the head with a baseball bat and once when he fell off of a motorcycle. It also stated that his father was an alcoholic who often hid bottles of whiskey under the house for the children to find. It further stated that when Foster was twelve, his older brothers taught him how to drink alcohol.

The same account stated that Foster had an IQ of 80 and dropped out of school after the eighth grade.

Sentencing

Foster was sentenced to death in 1991 and sentenced to die by lethal injection.

Appeals and post-conviction proceedings

January 6, 2003 — reprieve and constitutional questions

On January 6, 2003, Gov. Ronnie Musgrove issued a temporary reprieve for death row inmate Ron Chris Foster. Foster had been scheduled to be executed Wednesday at the Mississippi State Penitentiary in Parchman for the 1989 Lowndes County killing of convenience store clerk George Shelton.

Musgrove said the reprieve would last until constitutional questions raised by Foster’s lawyers concerning Foster’s age and whether he was mentally retarded were addressed by the U.S. and Mississippi Supreme Courts.

Musgrove was weighing Foster’s age and his mental ability. A spokesman stated that the reprieve would last until the state and federal Supreme Courts determine the constitutionality issues.

Musgrove granted the reprieve shortly before a Jan. 8 execution date, citing age and mental retardation issues raised by Foster’s lawyers. Foster’s reprieve was issued as the state Supreme Court considered his mental retardation claim and the U.S. Supreme Court reviewed another case involving a juvenile offender.

Foster was said to be 17 when he killed a convenience store clerk in Lowndes County. Foster’s lawyers and death penalty opponents campaigned to spare individuals who were juveniles when their crimes were committed.

A quoted statement attributed to Musgrove was: “This is a very complex situation and there are 2 different issues. One is the execution of a juvenile, which has not been decided and potentially will be decided. The other is the execution of the mentally retarded. Now the question is, has Chris Foster been given the opportunity to present that in his sentencing phase as to whether he is in fact mentally retarded.”

It was stated that prosecutors said Foster had an IQ above the threshold for mental retardation in 1990, while Foster’s attorneys said more sophisticated IQ testing last year determined Foster is mildly mentally retarded.

February 13, 2003 — state Supreme Court denial and execution pursued

On February 13, 2003, the Mississippi Supreme Court denied Foster’s mental retardation claim and ruled he could be executed. It was stated that Foster’s motion to block his execution on grounds that he could prove he is mentally retarded and because he was a juvenile when the murder was committed was thrown out.

The narrative stated that the order was agreed to by four justices and opposed by four others, and that the condemned inmate was 30 at that time. The narrative stated that the next step was for the Mississippi Attorney General’s office to formally request an execution date.

The narrative stated that Presiding Justice Jim Smith said the U.S. Supreme Court had barred execution of defendants who committed crimes at 15, not 16 or 17, and that the justices would not adopt any other restriction sought by Foster.

Justice Kay Cobb, joined by three other justices, said there was a lack of evidence regarding Foster’s mental state and that the condemned inmate deserved a hearing to prove himself mentally retarded.

A statement attributed to the same proceedings included that the U.S. Supreme Court had ruled against executing the mentally retarded in June 2002. It was also stated that Foster had been granted a reprieve on Jan. 6 while the Mississippi Supreme Court considered his mental retardation claim and the U.S.

June 19, 2003 — competency hearing ordered

On June 19, 2003, Miss. Supreme Court ordered a mental competency hearing. It was stated that the state Supreme Court reversed an earlier ruling on Foster’s competence and ordered the hearing in Lowndes County Circuit Court.

June 10, 1989 murder — key procedural context

Throughout the proceedings, it was stated that Foster was 17 when he committed the crime, and that he had been sentenced to death in 1991.

Additional U.S. Supreme Court and Mississippi Supreme Court developments (as listed in case overview)

The case overview listed the following events:

• Foster v. Mississippi – (June 19, 2003) Miss. Supreme Court orders mental competency hearing.
• Successive Petition to the Supreme Court of Mississippi
• July 8, 2003 petition-related entries (as part of the overview list)
• News December 11, 2003 — Gov. not likely to alter sentence----Man convicted in 1989 killing may be ruled mentally retarded
• December 11, 2003 — Hearing ordered for Foster; State’s high court reverses ruling on issue of inmate’s competence
• February 13, 2003 — State Supreme Court denies mental retardation claim, says Foster can be executed
• January 6, 2003 — Musgrove grants reprieve to Foster
• December 11, 2002 — URGENT ACTION APPEAL
• December 10, 2002 — Mississippi execution date set for Foster
• December 2, 2002 — High Court Refuses Teen Death Row Case
• November 18, 2002 — Death row appeal based on Supreme Court ruling

Executive clemency and statements

On January 6, 2003, a governor’s spokeswoman said Gov. Ronnie Musgrove wasn’t expected to commute before he left office the death sentence of a teen killer whose mental competency was being questioned. Ronald Chris Foster’s attorney, Silas McCharen of Jackson, said he may ask Musgrove to commute Foster’s sentence to life in prison.

Lee Ann Mayo was quoted: “The governor doesn’t have to do anything.” She also said: “The next governor can make the decision.”

It was stated that Musgrove received several hundred requests for pardons, clemency and commutation of sentencing. Quinton Dickerson said Gov.-elect Haley Barbour supports the death penalty but had not discussed any specific cases.

Dates and events explicitly mentioned

Timeline

• June 10, 1989 — George Shelton was shot and killed during an attempted robbery at Hankins Superette in Lowndes County, Mississippi; Foster was later arrested for capital murder.
• 1991 — A Lauderdale County jury imposed the death penalty and Foster was sentenced to die by lethal injection.
• January 6, 2003 — Gov. Ronnie Musgrove issued a temporary reprieve for Ron Chris Foster.
• February 13, 2003 — Mississippi Supreme Court denied Foster’s mental retardation claim and ruled he could be executed.
• June 19, 2003 — Miss.

Other details

Foster’s sentencing-phase mitigation included testimony from Steveson and Lillian Foster.

Foster’s father’s affidavit included the quoted statement: “strange and bizarre behavior leading us to question his sanity and emotional health and well being.”

The case included discussion that Foster had an IQ of 80 and that an IQ test given last year showed a score of 62 as part of a psychological evaluation. It was also stated that prosecutors argued Foster was given an IQ test at the Mississippi State Hospital at Whitfield on which he scored an 80, and that the source of the IQ was described as a mystery because it could not be found in Foster’s appeal record.

The court decision described that a person with an IQ of 70 or below is considered mentally retarded under the American Psychiatric Association’s standard.

It was stated that Justice Jim Smith dissented at one point, arguing that no proof had been provided to support Foster’s claim of mental retardation and that Foster deserved no hearing. The same proceedings indicated that Justices Chuck McRae and Justice Chuck Easley did not participate.

It was stated that Assistant Attorney General Sonny White Jr. argued Foster’s IQ was 80 and said he was not concerned about development of the case, adding: “I was glad something had been done to move the case on, to find a resolution, whatever it is.”

It was stated that one of Foster’s lawyers, Silas McCharen, said the state Supreme Court’s ruling was the first positive news since Musgrove’s reprieve, and McCharen said: “Now this ruling makes me at least cautiously optimistic that Chris will not be ever put to death in the state of Mississippi.”

Foster was scheduled to be executed at the Mississippi State Penitentiary in Parchman, and execution dates referenced included Jan. 8, 2003 and Jan. 8 as a planned date at the time of the reprieve.

A case listing included “Foster v. Johnson, 02-6655.”

A listing noted that Foster was on Parchman’s death row since 1991 and was 30 at the time of the February 13, 2003 ruling described in the narrative.

The case overview included background statements about international law prohibiting death penalty use against people under 18 and referenced multiple international instruments. It also included a statement that Stanford v Kentucky allowed defendants who were 16 or 17 at the time of the crime to be subject to the death penalty in the USA, and that since that decision, 191 countries had ratified the CRC and that the USA had not ratified it. It further stated that the USA ratified the ICCPR in 1992 but filed a “reservation” and that Human Rights Committee experts had said the reservation was incompatible with the object and purpose of the Covenant and should be withdrawn, and that the ICCPR prohibition could not be derogated from.

The case overview included figures about executions of child offenders and referenced other countries’ actions, including that China abolished the death penalty against child offenders in 1997 and that Yemen and Pakistan abolished such use in law. Amnesty International was referenced with a report issued in September. The overview referenced Atkins v Virginia as ruling the death penalty against people with mental retardation unconstitutional.

A quotation attributed to Don Cabana was: “What this case is asking the court to do is to re-examine it and then reverse themselves, and that's never an easy task,” and Cabana also said: “But it's one certainly worthy of re-examination.”

A quotation attributed to Marvin White was: “They just raised it out of the blue,” and he said: “I was glad something had been done to move the case on, to find a resolution, whatever it is.”

A quotation attributed to Sklar was: “There's more risk that the next Supreme Court nominations will be more conservative one, which will make it harder to deal with these death-penalty issues,” and it also included: “America is one of the few countries that still allows juvenile-offender executions.”

The overview included a quotation attributed to Stevens in a dissent: “There are no valid procedural objections to our reconsideration of the issue now, and, given our recent decision in Atkins v Virginia, we certainly should do so,” and also: “The execution of people for crimes committed when they were under 18 years old "is a relic of the past and is inconsistent with evolving standards of decency in a civilized society. We should put an end to this shameful practice.”