Prosecution rests in Ronald Foster attempted murder case


By Nathan Pilling - npilling@civitasmedia.com



Foster


Both the defense and the prosecution look on during trial proceedings Wednesday afternoon.


Nathan Pilling | Greene County News

XENIA — Testimony continued Wednesday in the trial of a local man accused of attempted murder. Jurors heard from several law enforcement officers from the Greene County Sheriff’s Office, as well as a gunshot residue expert, before breaking for the day.

Ronald Foster, 25, was indicted in June on attempted murder and felonious assault charges for allegedly shooting another man at a memorial party held at the Greene County Fairgrounds the evening of May 23 into the morning of May 24.

The court heard from a BCI – Bureau of Criminal Investigation, the state’s official crime lab – gunshot residue expert, who testified that particles “highly indicative” of gun shot residue were identified on Foster’s jeans, but not his shorts, shoes or shirt. The expert also noted that the residue tests don’t indicate how old the residue is (when the residue got on the clothes) and that the residue could be transferred by contact.

Jurors also heard from a detective involved in the shooting investigation, who said he had conducted a recorded interview with Foster later in the day after the shooting occurred.

“[Foster] said he was not involved,” the Greene County Sheriff’s Office detective said. “Said he wasn’t involved in the shooting, he didn’t witness it, said he was in the car when it happened.”

The detective also testified that Foster had said he had “no quarrels with [the shooting victim].”

Testimony from witnesses earlier in the trial indicated Foster and the shooting victim got into a brief verbal altercation at a memorial party at the fairgrounds May 23. After individuals at the event defused the situation, the vehicle Foster was in reportedly left the area and returned shortly after.

The victim testified that while walking back to his car, he saw the vehicle return. Shortly after, he saw a figure and then a muzzle flash.

The victim was the only witness to identify Foster as the shooter. One witness identified the shooter as having dreadlocks, but said she did not see the shooter’s face. Another witness identified an individual with dreadlocks as running away from the area where the victim was shot.

The prosecution rested after calling more than a dozen witnesses over the course of three days.

Defense attorney Griff Nowicki made a Criminal Rule 29 motion Wednesday afternoon – in which the defense asks the court for an acquittal on any offense if the evidence presented is insufficient to sustain a conviction – on both the counts against Foster.

“Even given the evidence if it’s considered in the light most favorable to the prosecution, we do not believe that they adequately proved beyond a reasonable doubt that Mr. Foster [was] the person who committed either of these crimes,” Nowicki said before Judge Michael Buckwalter overruled the motion.

The defense will have an opportunity to call witnesses beginning Thursday morning. Judge Buckwalter indicated that jury deliberations would likely begin Thursday. Foster’s trial began Monday and is taking place in Greene County Common Pleas Court. Testimony ended mid-afternoon Wednesday and was set to resume Thursday morning.

Foster
http://xeniagazette.com/wp-content/uploads/2015/10/web1_foster1.jpgFoster

Both the defense and the prosecution look on during trial proceedings Wednesday afternoon.
http://xeniagazette.com/wp-content/uploads/2015/10/web1_foster2.jpgBoth the defense and the prosecution look on during trial proceedings Wednesday afternoon. Nathan Pilling | Greene County News

By Nathan Pilling

npilling@civitasmedia.com

Reach Nathan Pilling at 937-502-4498 or on Twitter @XDGNatePilling.

Reach Nathan Pilling at 937-502-4498 or on Twitter @XDGNatePilling.

comments powered by Disqus