Aaron Foust

Case details

Aaron Christopher Foust (TDCJ #999268) was convicted for the capital offense of the intentional murder of David Ward in the course of committing robbery.

Foust was executed in Texas on April 28, 1999.

Timeline

• May 18, 1997 — Foust and accomplice Jamal Brown received a ride to David Ward’s home in Fort Worth; Ward was bound with speaker wire and was later strangled to death; Foust and Brown stole Ward’s credit cards and BMW, and sprayed words and letters on the walls to make the murder appear gang-related.
• May 23, 1997 — Foust gave a written confession.
• February 1997 — Foust was stopped by police for driving without his headlights on and was subsequently arrested; he had a butterfly knife in his waistband, shotgun shells on the dashboard, a baseball bat in the back, a pair of gloves, and two clips to a pistol in the front.
• April 1997 — Foust was arrested for an assault in which he punched an acquaintance’s girlfriend in the face, leaving her with a split lip, a swollen, cut, and bruised face, and a large bump on the back of her head; he hit a female neighbor who tried to intervene; he became involved in a fight with the neighbor’s boyfriend; he was screaming when taken into custody; he continued to be aggressive and threatening toward officers in a holding area; he pointed at an officer and said, "When I get out, I'm going to kill you."; he incurred three disciplinary violations while in the Tarrant County Jail, including throwing a razor at an officer.
• July 24, 1997 — Foust was indicted for the capital offense of the intentional murder of David Ward in the course of committing robbery.
• April 6, 1998 — Foust entered a plea of not guilty to a jury.
• April 14, 1998 — The jury found Foust guilty of capital murder.
• April 17, 1998 — Following a separate punishment hearing, the jury answered affirmatively the first two special issues and negatively the third special issue submitted pursuant to article 37.071(b) of the Texas Code of Criminal Procedure; the trial court sentenced Foust to death.
• June 10, 1998 — The trial court received a letter from Foust indicating that he had carefully considered the matter and no longer wished to pursue any appeal.
• July 16, 1998 — The trial court held a hearing and subsequently found that Foust’s decision to waive further appeal was voluntarily and intelligently made.
• October 14, 1998 — The Texas Court of Criminal Appeals reviewed the record and affirmed the conviction and sentence of death.
• April 27, 1999 — Texas Attorney General Media Advisory John Cornyn scheduled Foust’s execution after 6 p.m., Wednesday, April 28, 1999.
• April 28, 1999 — Foust was pronounced dead at 6:22 p.m., 6 minutes after lethal drugs were released; he was executed by lethal injection.

Background

Foust was born on 07/28/72.

Foust’s recorded details included:

• Date received: 05/19/98
• Age (when received): 25
• Education level: 12
• Date of offense: 05/18/97
• Age (at the offense): 24
• County: Tarrant
• Race: White
• Gender: Male
• Hair color: White
• Height: 6-0
• Weight: 180
• Eye color: Native
• Prior occupation: Laborer
• Prior prison record: None
• Prior prison record history: None
• Native county: Native
• Native state: Prior prison record None

At trial punishment phase, the state presented evidence that Foust had a juvenile record relating to a 1988 attempted burglary of a motor vehicle.

According to the procedural history, Foust was released from the Tarrant County Jail and needed money to pay his attorneys.

The offence

On May 18, 1997, Foust and accomplice Jamal Brown robbed and murdered David Ward, a 43-year-old white male, in Fort Worth, Texas.

David Ward was described as a hospital administrator and an acquaintance of Foust’s.

Foust and Brown were given a ride to Ward’s home in Fort Worth. Ward allegedly allowed Foust and Brown into his home, and according to Foust, Ward gave him steroids because Foust worked out with weights.

When Ward allegedly would not or could not give Foust money, Foust:

• bound Ward with speaker wire, and
• left to use Ward’s ATM card,
• returned after an unsuccessful attempt to withdraw money.

Thereafter, as Brown loaded Ward’s VCRs and stereo equipment into Ward’s BMW automobile, Foust strangled Ward with his hands and arms, held a pillow over Ward’s face, and stepped on Ward’s neck, trying to break his neck.

Brown stated that Ward had begged Foust not to kill him.

Foust and Brown then continued to loot Ward’s house, leaving what was supposed to look like gang graffiti on the walls.

The two then stole Ward’s BMW. Foust later used one of Ward’s credit cards.

Ward’s BMW was found in an adjoining town, Arlington, after it had been set on fire two days after the murder.

The witness described planning in advance, including that Foust stated he would:

• steal a BMW and other items from a man,
• make him sign a check by torturing him,
• kill him execution-style,
• and write gang signs on the walls to make it look like others did the crime.

Investigation

There was evidence that the crime was planned in advance, as Foust had discussed it with a fellow inmate.

Investigators connected the suspects to a stolen credit card used at an Arlington restaurant and made arrests.

Arrest

Foust and Brown fled with Ward’s cash, credit cards, and Ward’s BMW.

Foust and Brown were caught five days later while trying to use Ward’s credit card at an Arlington restaurant.

Trial

Charges and plea

On July 24, 1997, Foust was indicted for the capital offense of the intentional murder of David Ward in the course of committing robbery.

On April 6, 1998, Foust entered a plea of not guilty to a jury.

Verdict

On April 14, 1998, the jury found Foust guilty of capital murder.

At trial, the jury determined Foust would be a future danger to others.

Punishment hearing and findings

On April 17, 1998, after a separate punishment hearing, the jury answered affirmatively the first two special issues and negatively the third special issue submitted pursuant to article 37.071(b) of the Texas Code of Criminal Procedure.

The trial court, the 297th District Court of Tarrant County, Texas, sentenced Foust to death.

Confession and statements

Foust gave a written confession on May 23, 1997, claiming that he had not meant to kill Ward, but just to make him pass out.

Brown also gave a statement essentially corroborating Foust’s admission that he had strangled Ward alone.

Sentencing

Following the punishment hearing and jury findings on April 17, 1998, the trial court sentenced Foust to death.

Appeals

On June 10, 1998, the trial court received a letter from Foust indicating that he had carefully considered the matter and no longer wished to pursue any appeal.

On July 16, 1998, the trial court held a hearing and subsequently found that Foust’s decision to waive further appeal was voluntarily and intelligently made.

The Texas Court of Criminal Appeals reviewed the record of Foust’s trial and found no fundamental error, affirming the conviction and sentence of death on October 14, 1998.

Foust demanded that no appeals be filed on his behalf.

Outcome

Foust was executed in Texas by lethal injection on April 28, 1999.

He was pronounced dead at 6:22 p.m., 6 minutes after the lethal drugs were released into his arms.

Foust’s last statement was: "Adios, amigos, I’ll see ya’ll on the other side. I’m ready when ya’ll are."

Texas Attorney General Media Advisory John Cornyn stated: "AUSTIN - Texas Attorney General John Cornyn offers the following information on Aaron Christopher Foust who is scheduled to be executed after 6 p.m., Wednesday, April 28, 1999."

Aftermath

Michael Ward flew to Texas to watch Foust die.

The execution setting included Michael Ward stepping into the courtyard of The Walls Prison and then being in a tiny room where Foust, dressed in white prison regulation uniform, was strapped to a bed with tubes sticking from either arm.

Just before lethal injection, Foust said: "Adios Amigo. I'll see y'all on the other side."

Foust took 1 deep breath and 2 short breaths before stopping moving.

Foust had earlier demanded that no appeals be filed on his behalf, clearing the way for the 10th execution in Texas that year.

Other details

Co-defendant

Jamal Brown was a co-defendant; he was described as awaiting trial.

Prior conduct and jail behavior

In the assault incident in April 1997, Foust punched an acquaintance’s girlfriend in the face, leaving her with a split lip, a swollen, cut, and bruised face, and a large bump on the back of her head.

When a female neighbor tried to intervene, Foust hit her also, then became involved in a fight with the neighbor’s boyfriend.

Foust was screaming when taken into custody, continued to be aggressive and threatening toward officers while in a holding area, and said: "When I get out, I'm going to kill you."

Foust incurred three disciplinary violations while in the Tarrant County Jail, including throwing a razor at an officer.

Drugs and alcohol evidence

There was no evidence of intoxication due to alcohol or drug use in connection with this offense.

Foust was described as dealing drugs on the side and being a crack cocaine addict in narrative material.

David Ward description

David Ward was described as:

• a British citizen who came to Fort Worth in 1975 to work as a nurse at John Peter Smith Hospital,
• a hospital vice president by 1995,
• active in the battle against AIDS,
• instrumental in establishing a public-private organization, "Healing Wings," which raised millions of dollars for AIDS patients in Tarrant County.

Ward was described as about to leave on a month-long vacation to England when Foust and Brown arrived.

Family reactions and quotes (verbatim)

Ward’s brother, Michael, was described as replying: "Adios."

Michael was also described as saying: "What's to say?' he added. "I don't know them. If I felt sorry for what I did, I would say so. But I don't."

Foust said in a death row interview: "Sometimes I wish I did kind of feel something." "The bottom line is, if I was the type to feel remorseful, I wouldn't have done this in the first place. It takes a good deal of determination to put a man in a chokehold and choke the life out of him."

Foust also said: "I didn't like the guy." "Mostly it was his attitude. He had a real arrogant, snobbish kind of attitude. Here's a guy whose got a damn good job, education. He's got this attitude he's better than me. It seems like to me he's worse than me. He thought he was untouchable." "The situation with Mr. Ward, it was just business. He entered into a contract with me. Obviously, I couldn't take him to court."

Asked what he might say to the victim's brother, Foust replied: "Adios."

Foust said: "What's to say?" "I don't know them. But I don't."

Foust said: "Adios."