New charges in 2010 Modesto killing

etracy@modbee.comAugust 6, 2013 

    Erin Tracy
    Title: Breaking news reporter
    Coverage areas: Breaking news, crime
    Bio: Erin Tracy started working for The Bee in September 2010. She has a journalism degree from Humboldt State University and previously worked at the Daily Democrat in Woodland and the Times-Standard in Eureka.
    Recent stories written by Erin
    On Twitter: @ModestoBeeCrime

— A few days after prosecutors dropped murder charges against a defendant in a 2010 homicide, a warrant for murder was issued against his uncle.

James Foster, 50, of San Jose is wanted in connection with the shooting death of Modestan Brian Morris, according to Detective Frank Soria. Morris' body was found on the side of a rural road north of Modesto on June 11, 2010.

Initially, the Stanislaus County district attorney's office accused Foster's nephew Gregory Fisher of Morris' murder, but last week said there was evidence and other information collected after further investigation that indicates he was not the killer.

The prosecutor, however, amended the criminal complaint, which now accuses Fisher of being an accessory.

Because the murder charge was dropped, Fisher was released on his own recognizance after 13 months in jail. A court order for him to stay away from, and make no contact with, Morris' family still applies.

Soria did not say what information led to the warrant for Foster, whose last known address is in San Jose.

When Fisher was arrested in June 2012, Soria said Morris' slaying was in part the result of an argument over a car stolen from one of his friends.

At the time, Soria said Morris was believed to have confronted Foster about the car the week before his death, but later apologized.

Detectives still are looking for a third person who might be a witness to the case — an unidentified woman in her 30s, heavy-set, with strawberry-blond hair.

Bee staff writer Erin Tracy can be reached at or (209) 578-2366. Follow her on Twitter @ModestoBeeCrime.

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