Witness in murder trial discusses street gang, alleged crimes

A prosecution witness testifying in a Stanislaus County murder trial on Thursday answered questions about his street gang affiliation and alleged criminal behavior.

Gregory Fisher has told investigators that his uncle, James Anthony Foster, called him asking for a gun on the night Brian Morris was killed. Morris’ body was discovered shortly after sunrise June 11, 2010, along a rural road north of Modesto. Foster is charged with murder in Morris’ shooting death.

Fisher said his uncle spoke with him by phone hours before Morris was found dead. He said his uncle sounded scared, claiming a guy was threatening to kill him, so that’s why he told him where to find the gun.

On Thursday, Fisher told the jury about being a member of the Seven Trees Crips gang, shooting at people in his late teens and about allegations that he raped the mother of his children. The defense line of questioning was intended to challenge Fisher’s credibility as a witness.

Fisher testified that he had not been affiliated with the gang, named after the Seven Trees neighborhood in south San Jose, since he was 13 years old. But he said he still considers himself a member of the gang.

“I will always be; it’s tattooed on my body,” Fisher said. He later told the jury, “The only way out of (the gang) is death.”

He said on the witness stand that he used to sell drugs and has fired a fired a gun at others but has left the gangster lifestyle behind for the past several years.

Tai Bogan, Foster’s attorney, has argued that his client is charged with Morris’ murder only because Fisher lied to investigators to avoid his own prosecution on the rape charge. He says Foster’s nephew is now giving investigators whatever they want to get a conviction.

Fisher 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 as the suspected shooter. Fisher was charged with being an accessory in exchange for testimony against his uncle.

In July 2013, Fisher signed an agreement to testify, in which prosecutors agreed to drop the rape charge. On Thursday, Fisher testified the District Attorney’s Office used a “trumped-up” rape charge to force him to testify against his uncle. Fisher claims that he had an argument with the mother of his children before the two had “make-up sex,” and she later alleged he sexually assaulted her.

Fisher was released from jail in August 2013 pending his testimony in the preliminary hearing and later the trial for his uncle. He was arrested recently and charged with kidnapping. On Wednesday, Fisher signed another agreement with prosecutors. They agreed to drop the kidnapping charge in exchange for Fisher’s testimony in Foster’s trial.

Fisher claims the kidnapping charge is based on an incident blown out of proportion. He testified that he and his girlfriend were arguing in a car when she went into a store. He said he went into the store, grabbed her and pulled her outside.

“It was a domestic dispute gone bad. That’s all it was,” Fisher told the jury.

Deputy District Attorney Jeff Mangar has argued that a woman was with Foster and Morris when the fatal shooting occurred. The prosecutor says the woman told investigators that nobody else was with them when she heard the gunfire that night. He also said traces of DNA found at the crime scene match Foster’s.

Fisher says his family has cut him off for testifying against his uncle. He testified that he told his mother that he has signed the prosecution deal, so he has to go through with it. He said on the witness stand “she’s more concerned about her brother than her own son.”

Testimony in the trial is expected to continue Tuesday in Stanislaus Superior Court.

This story was originally published February 11, 2016 at 6:31 PM with the headline "Witness in murder trial discusses street gang, alleged crimes."