Richard Donald Foster

Case record: Richard Donald Foster

STATUS / outcome

Richard Donald Foster was executed by lethal injection in Texas on May 24, 2000.

Timeline

• April 4, 1984 (11:00 p.m.) — Deputy H.L. Rice began his shift, patrolling the northwest corner of Tarrant County until 7:00 a.m. on April 5, 1984.
• April 5, 1984 (4:00 a.m.) — Deputy H.L. Rice observed a “white over red” Chevrolet two-door (Texas license plate # GPW-857) parked on the southern service road east of the Hob Nob Bar, about 15 miles from Springtown; the car had two people: the driver and a woman.
• April 5, 1984 (7:15 a.m.) — Gary Cox woke up, showered, and got a cup of coffee; he left his wife and nine-day-old daughter at home and went to work at his combination feed store, convenience store, and gas station.
• April 5, 1984 (7:30 a.m.) — A customer, Kenneth Davis, arrived at the feed store and was ordered out by a man with a shotgun.
• April 5, 1984 (7:40 a.m. to 7:45 a.m.) — Linda Morgan arrived at the store to buy milk and passed a General Motors automobile with a “cream colored” vinyl top; she later identified the driver as Foster.
• April 5, 1984 — Gary Cox was shot and died from a shotgun blast to his head during the robbery.
• April 28, 1984 — Donald Teague interviewed Vicki Elaine Easterwood; the interview began at the Graham Police Department and continued at the Young County Jail; Easterwood directed authorities to a rural stock tank.
• April 29, 1984 (12:22 p.m.) — Teague met with a Justice of the Peace in Weatherford, Texas and obtained a capital murder arrest warrant for appellant.
• April 29, 1984 (9:00 p.m.) — Kathy Nievar last saw appellant; she noticed he was tired and nervous and that he had a pistol.
• May 10, 1984 — Teague went to the Citizen’s National Bank on Highway 190 in Breckenridge; FBI members arrested appellant while Teague was present.
• May 10, 1984 (around 9:00 a.m.) — Jack Bellinof picked up a rider later identified as appellant and was attacked; appellant shot Bellinof four times after a struggle over a revolver.
• May 10, 1984 (11:45 a.m.) — Appellant entered the bank carrying two pistols, yelled he was taking control of the bank for his own protection, and took seven hostages.
• August 5, 1986 — A condemned murderer who escaped from a county jail remained at large after officers recaptured a woman who fled with him; authorities were hunting for Richard Donald (Stony) Foster.
• August 7, 1986 — Foster carjacked a pickup truck from a teenager at gunpoint; rear tires of the truck were shot out at a roadblock; authorities pursued Foster and later apprehended him.
• August 25, 1986 — Foster pled no contest to four aggravated kidnapping charges relating to the bank-hostage situation and received four life sentences.
• March 2000 — During a hearing in federal court, Foster admitted, for the first time, the commission of the instant offense, claiming that it was an accident.
• May 21, 1999 — The district court denied relief and denied Foster permission to appeal.
• April 14, 2000 — The Fifth Circuit granted Foster permission to withdraw his appeal.
• June 28, 1989 — The Texas Court of Criminal Appeals affirmed Foster’s conviction and sentence.
• September 20, 1989 — The Texas Court of Criminal Appeals denied rehearing.
• March 19, 1990 — The United States Supreme Court denied Foster’s petition for writ of certiorari.
• June 25, 1990 — Foster filed an application for a state writ of habeas corpus with the convicting court.
• October 25, 1991 — The trial court recommended that relief be denied.
• June 17, 1992 — The Court of Criminal Appeals agreed.
• November 9, 1985 — The jury found Foster guilty of the capital offense.
• July 1984 — Foster was charged by indictment in the 43rd District Court of Parker County, Texas, with the capital murder of Gary Cox, committed during the course of a robbery or attempted robbery.
• May 24, 2000 — Foster was executed by lethal injection in Texas.

Background

Richard Donald Foster was a Vietnam veteran.

Foster was previously convicted of aggravated robbery in 1976 and had a drug problem that his father testified to. Evidence at the punishment phase reflected that Foster sought treatment for a drug problem upon his return from serving in Vietnam.

Foster’s prior criminal history introduced at the punishment phase reflected convictions served concurrently: credit card abuse (with 1975 probation revoked) and aggravated robbery committed on June 16, 1976, June 21, 1976, and June 22, 1976.

The offence

Foster was charged with capital murder of Gary Cox, committed during the course of a robbery or attempted robbery.

Gary Cox owned a combination feed store, convenience store, and gas station near Springtown, Texas.

On April 5, 1984 at 7:15 a.m., Gary Cox woke up, showered, and got a cup of coffee. He left his wife and nine-day-old daughter at home and went to work at his store. Mrs. Cox said that her husband had taken $300 in cash with him to open the store that morning.

At approximately 7:30 a.m., Kenneth Davis drove to the feed store and, as he got out of his truck, he saw a “real clean” older model General Motors car parked at the feed store. Just as Davis entered the store, he heard an explosion. A man with a shotgun pointed at Davis and said, “Man, you better get the hell out of here.” Davis replied, “'I'm leaving,” and turned around and ran.

When Davis got out of the store, he ran towards Zack Leatherwood’s house to warn Leatherwood of what happened at the store. When Davis got to Leatherwood’s fence gate, he turned to look back at the store and observed a red and white car leaving the store going west on Highway 199. Davis described the car as red with a white half-vinyl top, and at trial he identified a photograph of the car in which the car bore Texas license plate # GPW-857.

Zack Leatherwood had leased the feed store to Gary Cox on April 1, 1984. Leatherwood testified that as he walked down to the feed store and got close to the rear of the store, he heard a gunshot and saw Gary Cox fall after he had been shot. Leatherwood ran back to his house to get his shotgun, returned to the store, checked Cox’s vital signs, and determined that Cox was dead.

Leatherwood entered the feed store and saw the cash drawer was open with change scattered on the counter and a $5 bill on the counter; the cash drawer was empty.

At about 7:40 a.m., Linda Morgan arrived at Gary Cox’s store to buy some milk. As she was leaving the parking lot, she passed a General Motors automobile with a “cream colored” vinyl top. Morgan later identified Foster as the driver of that car.

The New York Times account included further description of what happened: Leatherwood heard a gunshot and saw Gary Cox “fall ‘right back out of that store with his neck about half blowed off.’” Leatherwood later heard Ken Davis yell to get out of there. Kenneth Davis testified to hearing a “real loud explosion,” and stated in his own words: “Hey,” and then “just stood there for a split second.” He also testified that the man with the shotgun pointed at him and said “Man, you better get the hell out of here,” and that Davis replied, “I'm leaving,” and turned around and ran. Davis testified at trial that he saw “this persimmon red car with a white vinyl top leaving the store area going west on Highway 199.” Davis also physically described the man he saw with the shotgun: he was a white male approximately 5' 10", who had a beard, wore a lumberjack type hat, held a short-barreled shotgun, and Davis was unable to describe the facial characteristics because “he had a shotgun on me” and “because part of the man's face was covered.”

Gary Cox died from a shotgun blast to his head during the robbery.

Investigation

Deputy H.L. Rice identified the driver of the “white over red” Chevrolet as Richard D. Foster by Foster’s Texas driver’s license during the early morning patrol on April 5, 1984.

Rice did not obtain identification of the woman at that time, but the woman was later identified as Vicki Elaine Easterwood.

On April 28 and 29, 1984, Donald Teague, chief deputy of the Parker County Sheriff’s Office, interviewed Vicki Easterwood. Easterwood led authorities to a stock tank in a rural area. A scuba diver found a satchel containing items of clothing, a .12 gauge shotgun shell, and a sawed-off shotgun. These items were later admitted into evidence at trial.

Teague responded to investigation of the shooting on April 5, 1984 and continued through April 28, including interviews with Leatherwood and Davis.

Deputy H.L. Rice testified at trial that appellant’s car was parked approximately fifteen miles from Springtown. Evidence admitted later during the guilt phase of the trial indicated that the female in the vehicle was Vicki Elaine Easterwood.

Teague searched unsuccessfully for appellant from April 29 until May 10.

Deputy James Moody and Sheriff Billy Cain met with Easterwood on April 29, 1984 and assisted in the investigation. Authorities later recovered evidence at a stock tank in Wise County during a return visit on May 30, 1984 with Mark Wade, a diver from Weatherford. Wade found a satchel containing items of clothing, a .12 gauge shotgun shell, and a sawed-off shotgun.

At trial, Dr. Nizam Peerwani testified that the sawed-off shotgun recovered from the stock tank was capable of inflicting the fatal wound to Gary Cox.

Jack Bellinof, working for Gooch Meat Packers as a salesman traveling from Olney to Throckmorton on Highway 70, testified that on May 10, 1984 appellant was identified by Bellinof as the rider he picked up. Appellant later attacked Bellinof and shot him four times.

On May 10, 1984 at the Citizen’s National Bank in Breckenridge, appellant entered carrying two pistols and yelled he was taking control of the bank for his own protection and took seven hostages: four men including Harris and three women. Appellant threatened to kill anyone who failed to comply with his orders. Appellant indicated to hostages that both Young and Parker County authorities were pursuing him for a murder in Parker County. At trial, on cross-examination, Harris recalled that appellant told him the Parker County authorities were after him for what happened in Parker County, and Harris admitted at trial that appellant claimed to be innocent of the Parker County charges.

Arrest and detention

Teague went to the Citizen’s National Bank on Highway 190 in Breckenridge on May 10, 1984. FBI members arrested appellant while Teague was present.

At that time, appellant identified himself as “Stoney Armadillo.”

Before the capital murder arrest warrant, Tommy Martin, an officer with the Graham Police Department, saw appellant in Graham on March 30, 1984, six days before the instant offense. At that time appellant was with Vicki Easterwood in the persimmon red car with a white vinyl top.

Officer Martin, on the day the capital murder arrest warrant was issued, was looking for the persimmon red car with the white vinyl top in Graham. He stopped the car and discovered it was being driven by Kathy Nievar.

Kathy Nievar first met appellant in August of 1982. She and appellant began living together in Irving, Texas. They broke up in December of 1983. Nievar did not see appellant again until late April of 1984, and the last time she saw him was on the evening of April 28 at 9:00 p.m. Nievar noticed that appellant was tired and nervous and that appellant had a pistol at the time. Appellant borrowed Nievar’s car, a 1978 Buick, and left his own for her to drive. Officer Martin stopped her in Graham on April 29, and she drove it to the police station to be left there. Later that night, appellant called her and told her that her Buick would be returned that night, and then hung up. Nievar did not hear from appellant again.

After the death sentence in the capital murder case, Foster was transferred for trial on the Kidnapping/Hostage charges and escaped while awaiting trial from Stephens County Jail.

During the escape, Foster wielded a knife and locked a jailer in a cell. Officers later recaptured the woman who fled with him.

The New York Times account described Foster as 33 years old and named the woman as Cindy Davis, 27. Foster and Cindy Davis escaped Sunday night and authorities recaptured Cindy Davis without resistance about 8 A.M. about 25 miles northeast of Breckenridge while they were hunting for Foster.

Trial

Foster was tried before a jury upon a plea of not guilty.

In July 1984, Foster had been charged by indictment in the 43rd District Court of Parker County, Texas, with the capital murder of Gary Cox, committed during the course of a robbery or attempted robbery.

The jury found Foster guilty of the capital offense on November 9, 1985.

A separate punishment hearing followed, and after the separate punishment hearing the jury sentenced Foster to death.

After hearing all the evidence in the capital murder case, the jury convicted appellant of the capital murder of Gary Cox.

Sentencing

Following a separate punishment hearing, the jury sentenced Foster to death.

At punishment, the State introduced evidence reflecting Foster’s prior convictions for credit card abuse, and aggravated robbery committed on June 16, 1976, June 21, 1976, and June 22, 1976.

Foster also later received a total sentence in the hostage-taking/kidnapping matter: he was convicted of kidnapping charges and was sentenced to four life sentences. He also received a 20 year sentence for escape in connection with the Stephens County Jail escape and subsequent events.

Appeals

Foster appealed his conviction and sentence to the Texas Court of Criminal Appeals of Texas. The Court of Criminal Appeals affirmed the conviction and sentence on June 28, 1989 and denied rehearing on September 20, 1989.

Foster filed a petition for writ of certiorari with the United States Supreme Court. The United States Supreme Court denied the petition on March 19, 1990.

Foster then filed an application for a state writ of habeas corpus with the convicting court on June 25, 1990. On October 25, 1991, the trial court recommended that relief be denied, and on June 17, 1992 the Court of Criminal Appeals agreed.

In August 1992, Foster filed a federal petition for writ of habeas corpus in the United States District Court for the Northern District of Texas, Fort Worth Division. The district court denied relief on May 21, 1999 and denied Foster permission to appeal.

Foster filed a notice of appeal to the United States Court of Appeals for the Fifth Circuit. Foster expressed a desire to withdraw his appeal. The district court held an evidentiary hearing, after which the district court found that Foster’s waiver of appeal was informed, voluntary, and intentional. On April 14, 2000, the Fifth Circuit granted Foster permission to withdraw his appeal.

During a federal court hearing in March 2000, Foster admitted, for the first time, the commission of the instant offense, claiming that it was an accident.

Outcome

Foster was executed by lethal injection in Texas on May 24, 2000.

Before receiving the injection, Foster said: “I have been crucified with Christ. It is no longer I who lives, but Christ who lives in me.”

In a final statement in the Texas death chamber, Foster referred to his conversion to Christianity and said:

“I have been crucified with Christ. It is no longer I who lives, but Christ who lives in me,' he said, before bidding goodbye to a cousin witnessing the execution. “I'll see you when you get there, okay?''

Aftermath / related criminal history

After the capital murder conviction and sentence of death, Foster was transported to the Texas Department of Corrections custody.

In July 1986, Foster was transported to the Stephens County Jail in Breckenridge, Texas, to stand trial on kidnapping charges stemming from the bank-hostage situation.

On August 3, 1986, Foster managed to escape from the jail with the use of a knife while accompanied by a female inmate. The female inmate surrendered the following day, while Foster eluded an intensive manhunt.

Before capture, Foster hijacked a truck from a teenager. While driving through a roadblock authorities had set up, the rear tires of the pickup truck were shot out. Authorities pursued Foster for several miles and then apprehended him.

On August 25, 1986, Foster pled no contest to four aggravated kidnapping charges related to the bank-hostage situation and received four life sentences.

In connection with the jail escape and later events, Foster also received a 20 year sentence for escape.

Other details

Zack Leatherwood testified he leased the feed store to Gary Cox on April 1, 1984 and that the store was located on the same property as Leatherwood’s home, a mile from Cox’s home and two miles west of Springtown.

Mrs. Cox testified that Gary Cox took $300 in cash with him to open his store that morning.

A $5 bill was on the counter and change was scattered on the counter when Leatherwood entered the store after the shooting; the cash drawer was open and empty.

Foster’s case included evidence that he sought treatment for a drug problem upon his return from serving in Vietnam; no evidence was presented demonstrating the instant offense was directly attributable to drug or alcohol use.

Foster was convicted in the kidnapping-hostage matter and sentenced to four life sentences, and he received a 20 year sentence for escape.