Trial set in ‘execution style’ shooting near Modesto

A judge has scheduled a trial to start Nov. 3 for a defendant charged with murder in the shooting of a 30-year-old man found dead four years ago along a rural road just north of Modesto.

James Foster, is accused of shooting Brian Morris “execution-style.” His body was discovered shortly after sunrise June 11, 2010, along Costner Road.

The prosecutor has said in court that Morris was caught off-guard as he was lighting a cigarette, when the defendant approached him from behind, placed the gun’s muzzle against the back of Morris’ neck and fired the fatal shot.

The defense attorney has argued that Morris was behaving very oddly that night and threatened to rip out Foster’s throat.

Foster told investigators he was involved in a struggle that night with Morris when an unknown person shot Morris, but the investigators didn’t find any signs of a struggle at the crime scene.

The judge has scheduled Foster to return to court Feb. 9 for a pretrial hearing. The defendant remains in custody at the Stanislaus County Jail.

This story was originally published November 11, 2014 at 11:29 AM with the headline "Trial set in ‘execution style’ shooting near Modesto."