Life sentence in execution-style shooting near Modesto

James Anthony Foster has been sentenced to 80 years to life in prison for killing Brian Morris in what authorities called an execution-style shooting. The 30-year-old man’s body was discovered shortly after sunrise June 11, 2010, along a rural road north of Modesto.

A jury on March 4 found Foster, 53, guilty of first-degree murder in Morris’ death. Deputy District Attorney Jeff Mangar said the judge on Jan. 20 handed down the maximum sentence for Foster.

Stanislaus Superior Court Judge Marie Silveira doubled Foster’s sentence for the murder charge because he had a prior conviction that’s considered a strike under the state’s “three strikes” law, according to the prosecutor. Mangar said Foster’s sentence also included additional prison time for a gun enhancement for using a gun in the killing.

Alan Morris, the victim’s brother, submitted a letter for the judge to read and consider before sentencing Foster.

“I will never forgive James Foster for taking my brother, our friend, and for causing my family so much pain,” he wrote. “I wish that he could completely feel the extent to which he’s ruined our lives.”

On Thursday, Foster remained in custody at the county jail as he waits to be transferred to a state prison.

Debbie Dudley, the victim’s aunt, spoke during the sentencing hearing via a video recording played in court. She said she has endured a lot of pain with mental images of her nephew’s death, and she can’t imagine the pain his parents have suffered.

“I hope that you keep him in prison forever,” Dudley said, according to a transcript of the video. “Nobody should have to go through what my family has gone through. The man has no soul, so he probably would do it again to somebody else.”

Jurors ultimately decided that Foster acted with premeditation when he placed a gun at the base of Morris’ skull and fired.

Tai Bogan, Foster’s attorney, argued in the trial that the prosecution failed to prove its case beyond a reasonable doubt because investigators relied on testimony from two witnesses with motives to lie. He also argued that another man had threatened to kill Morris over an adulterous affair the victim was having.

One of the key prosecution witnesses was the defendant’s nephew, Gregory Fisher, who was arrested in June 2012 and was in jail for more than a year as the only person charged in Morris’ death. The murder charge against Fisher was dropped in August 2013 after investigators gathered information that pointed to his uncle.

Fisher was charged with being an accessory in exchange for testimony against his uncle. The defense attorney has argued that Fisher lied to avoid being prosecuted.

The prosecutor argued that Foster was behind Morris when the defendant placed his left hand on the front of the victim’s throat and fired the shot into the back of his head. The bullet exited Morris and struck Foster’s left hand. Fisher testified that his uncle had a bloodied hand wrapped with clothing when he returned the gun.

This story was originally published January 26, 2017 at 4:38 PM with the headline "Life sentence in execution-style shooting near Modesto."