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Aaron
Christopher FOUST
Robbery
Date of Execution:
Offender:
Last Statement:
AUSTIN - Texas Attorney General John Cornyn offers the
following information on Aaron Christopher Foust who is scheduled to be executed after
6 p.m., Wednesday, April 28, 1999.
FACTS OF THE
CRIME
Aaron Christopher Foust was convicted for the
capital offense of the intentional murder of David Ward in the
course of committing robbery. The murder occurred in Fort Worth,
Texas.
On May 18, 1997, Foust and his accomplice Jamal
Brown were given a ride to the victim's home in Fort Worth. The
victim, David Ward, was a hospital administrator and acquaintance of
Foust's. Foust had just been released from the Tarrant County Jail,
and needed money to pay his attorneys. Ward allowed Foust and Brown
into his home and, according to Foust, Ward gave him steroids
because Foust worked out with weights. When Ward allegedly would not
or could not give Foust money, Foust bound him with speaker wire
then left to use Ward's ATM card. Foust returned after an
unsuccessful attempt to withdraw money.
Thereafter, as Brown was loading Ward's VCRs and
stereo equipment into Ward's BMW automobile, Foust strangled Ward
with his hands and arms, held a pillow over Ward's face, and stepped
on Ward's neck, trying to break his neck. Brown stated that Ward had
begged Foust not to kill him. Foust and Brown then continued to loot
Ward's house, leaving what was supposed to look like gang graffiti
on the walls. The two then stole Ward's BMW. Foust later used one of
Ward's credit cards. Ward's BMW was later found in an adjoining town,
Arlington, after it had been set on fire.
There was evidence that the crime was planned in
advance, as Foust had discussed it with a fellow inmate. According
to the witness, Foust stated he would steal a BMW and other items
from a man, make him sign a check by torturing him, kill him
execution-style, and write gang signs on the walls to make it look
like others did the crime.
Foust gave a written confession on May 23, 1997,
claiming that he had not meant to kill Ward, but just to make him
pass out. Brown also gave a statement, essentially corroborating
Foust's admission that he had strangled Ward alone.
PROCEDURAL HISTORY
On July 24, 1997, Foust was indicted for the
capital offense of the intentional murder of David Ward in the
course of committing robbery. On April 6, 1998, Foust entered a plea
of not guilty to a jury. The jury found Foust guilty of capital
murder on April 14, 1998.
On April 17, 1998, following a separate
punishment hearing, the jury answered affirmatively the first two
special issues and negatively the third special issue submitted
pursuant to article 37.071(b) of the Texas Code of Criminal
Procedure. In accordance with Texas law, the trial court, the 297th
District Court of Tarrant County, Texas, sentenced Foust to death.
On June 10, 1998, the trial court received a
letter from Foust indicating that he had carefully considered the
matter and no longer wished to pursue any appeal. On July 16, 1998,
the trial court held a hearing on the matter and subsequently found
that Foust's decision to waive further appeal was voluntarily and
intelligently made. On its own, the Texas Court of Criminal Appeals
reviewed the record of Foust's trial, found no fundamental error,
and affirmed the conviction and sentence of death on October 14,
1998.
PRIOR CRIMINAL HISTORY
At the punishment phase of trial, the state
presented evidence that Foust had a juvenile record relating to a
1988 attempted burglary of a motor vehicle. More recently, in
February 1997, Foust was stopped by police for driving without his
headlights on, and was subsequently arrested. Foust had a butterfly
knife in his waistband, shotgun shells on the dashboard, a baseball
bat in the back, a pair of gloves, and two clips to a pistol in the
front.
In April 1997, Foust was arrested for an assault
in which he punched an acquaintance's girlfriend in the face,
leaving her with a split lip, a swollen, cut, and bruised face, and
a large bump on the back of her head. When a female neighbor tried
to intervene, Foust hit her also, then became involved in a fight
with the neighbor's boyfriend.
Foust was screaming when taken into custody.
Foust continued to be aggressive and threatening towards officers
while in a holding area. At one point, Foust pointed at an officer
and said, "When I get out, I'm going to kill you." Foust incurred
three disciplinary violations while in the Tarrant County Jail. In
one of those incidents, Foust threw a razor at an officer.
DRUGS AND/OR ALCOHOL
There was no evidence of intoxication due to
alcohol or drug use in connection with this offense.
Self-described cold-blooded and remorseless killer Aaron Christopher
Foust was executed Wednesday night for robbing and strangling a Fort
Worth hospital executive almost 2 years ago.
Foust, 26, was pronounced dead at 6:22 p.m., 6 minutes after the
lethal drugs were released into his arms. He had demanded that no
appeals be filed on his behalf, clearing the way for the 10th
execution this year in Texas.
"Adios, amigos," Foust said in a brief final statement. "I'll see
ya'll on the other side. That's it. I'm ready, ready when ya'll
are."
As the drugs took effect, Foust took 1 deep breath and 2 short
breaths. Then he stopped moving.
Foust, a former welder and carpenter who dealt drugs on the side,
was a week away from entering the Army when the May 18, 1997 murder
occurred at the Fort Worth apartment of David Ward, 43.
In a death row interview last week, Foust said he felt no remorse.
"Sometimes I wish I did kind of feel something," he said. "The
bottom line is, if I was the type to feel remorseful, I wouldn't
have done this in the first place. It takes a good deal of
determination to put a man in a chokehold and choke the life out of
him."
Ward was a British citizen who came to Fort Worth in 1975 to work as
a nurse at John Peter Smith Hospital. He moved up the hospital
hierarchy, eventually becoming a vice president in 1995. He was
active in the battle against AIDS and was instrumental in
establishing a public-private organization, "Healing Wings," that
has raised millions of dollars for AIDS patients in Tarrant County.
He was about to leave on a month-long vacation to England when Foust
and an accomplice arrived at his home to collect what Foust said was
a $500 debt. When Ward balked, he was killed.
"I didn't like the guy," Foust said last week. "Mostly it was his
attitude. He had a real arrogant, snobbish kind of attitude. Here's
a guy whose got a damn good job, education. He's got this attitude
he's better than me. It seems like to me he's worse than me. He
thought he was untouchable.
"The situation with Mr. Ward, it was just business. He entered into
a contract with me. Obviously, I couldn't take him to court."
Ward's brother, Michael, came to Texas from England to watch Foust
die.
Asked last week what he might say to the victim's brother, Foust
replied: "Adios."
"What's to say?" he added. "I don't know them. If I felt sorry for
what I did, I would say so. But I don't."
Foust and Jamal Brown, 23, who still is awaiting trial, fled with
Ward's cash, credit cards and his BMW. They were caught five days
later trying to use Ward's credit card at an Arlington restaurant.
Tarrant County Assistant District Attorney Alan Levy, who prosecuted
Foust, said he wasn't surprised with Foust's attitude.
"He doesn't show any remorse because he's never had any," Levy said.
Foust, whose muscular build and long hair earned him the nickname "Conan"
among his friends, said he arrived on death row 11 months ago
figuring it would take years for his appeals to be exhausted and his
punishment to be carried out.
"Soon as I got here, I found out I could drop my appeals," he said.
"So I wrote a letter to my attorney and the judge."
Foust's time on death row - just shy of one year - would be the
second-shortest among the 173 condemned killers who preceded him to
the Texas death chamber. Joe Gonzales, another execution volunteer,
received lethal injection in 1996 only 252 days after arriving on
death row. The average prison time before execution is about 10
years.
"I don't want to spend the rest of my life without a woman," Foust
said. "I don't want to spend the rest of my life being told what to
do, not having any freedom. I'm guilty. I did it."
Foust becomes the 10th condemned inmate to be put to death in Texas
this year, and the 174th overall since the state resumed executions
on Dec. 7, 1982.
(sources: Associated Press & Rick Halperin)
TheArgus.co.uk
Thursday 6th May 1999
Last week, Michael Ward flew to Texas to see the man who
murdered his brother executed. Today he speaks exclusively to
Argus reporter DAVID EDWARDS about the killer who robbed his
family of a man who had so much to live for and about the moment
he saw the killer die:
The sedative slipped into
the prisoner's veins almost unnoticed.
Just before the lethal
injection, the murderer turned to Michael Ward, who stood
watching just a few yards away, and breathed: "Adios amigo. I'll
see y'all on the other side."
With that, the life of
Aaron Christopher Foust, which had started 26 years earlier,
came to an end.
That searingly hot day a
few miles out of Houston, Texas, also marked the end of a
nightmare into which Michael and his family had been plunged
nearly two years before.
It began early in 1997
when Michael, who lives in Saltdean, Brighton, received a
worried phone call from his mother, waiting at Manchester
Airport.
His brother, David, a
hospital vice-president, was due to fly to England to see his
family. But his plane had touched down and there was no sign of
him.
Michael, 40, said: "We
found out later he had left work full of the joys of spring
because he was planning on coming home for a two-week holiday.
"When I phoned the
hospital and explained who I was, they agreed to send around
security to his house. They saw his BMW car was gone but the
home appeared to be secure."
Michael, however, knew
all was not well. He said: "When you're raised in a close family
environment you can tell when something is wrong. It's like a
sixth sense."
David Ward had grown up
as the eldest son of a closely-knit family in Lancashire. In the
mid-Seventies he emigrated to Fort Worth, Texas.
Afiercely hard worker,
his career took off and by 1995 he was a hospital vice president
who had raised millions of dollars for Aids sufferers.
Worried about his brother,
Michael eventually convinced John Peter Smith Hospital, Forth
Worth, to contact police who broke into the house later that
night.
What they discovered not
only destroyed a family but shocked America.
David Ward's body was
lying bound and gagged in his bedroom. Around him, his home had
been ransacked and daubed with gangland graffiti. A post-mortem
later revealed he had been tortured for several hours.
Michael said: "When I
picked up the phone and they asked if it was me, they didn't
need to say anything else. I could sense something was wrong.
"Perhaps the hardest
thing I have ever had to do in my life was explain to my parents
what had happened. I drove up to Blackburn to meet them that
afternoon."
Less than 12 hours from
the time of his mother's airport phone call, Michael was on a
plane heading for Texas.
He said: "On the flight,
I didn't feel anything, I was numb. I was still trying to
reconcile in my own mind the events that had taken place.
"It's totally foreign to
anything you've ever experienced before. It wasn't a natural
death for which you could have prepared."
After touching down,
Michael had to clean up the wreckage in his brother's house,
arrange his funeral and wind up his affairs.
In the midst of all this,
a huge manhunt had started for the killers. David Ward had been
a well-known and highly respected figure and his murder was
headline news across the country.
Three days after the
death, a restaurant manager told police about two men who had
ordered beers and a meal.
When he asked one for ID,
he noticed it didn't match the name on the credit card - David
John Ward.
Aaron Foust and his
accomplice were caught hours later, a few miles from a burned-out
BMW.
Foust had embarked on a
life of crime at an early age and had spent much of his life in
prison, where he had earned the nickname Conan for his muscular
build.
Not only was he a crack
cocaine addict, he was also a nihilistic psychopath who dreamed
of killing a police officer.
He had been out of prison
for just two days - serving a sentence for GBH for beating up a
woman - when he killed David Ward.
Michael said: "The
authorities released David's body within days and I brought him
back to Blackburn, it was my mother's wish that I flew back with
him."
Michael, who works for
the Midland Bank group in Worthing, tried to pick up the pieces
of his life with the help of his wife, Susan, 37, and their
three children, Jennifer, 12, Rebekka, 11, and Alex, eight.
But the horrific way in
which David's life had ended meant many trips to America to
assist the district attorney, attend memorial services arranged
by friends, and wind up his brother's estate.
In April last year,
Foust's three-week trial for first degree murder began in
Tarrant County, Forth Worth, and Michael made sure he was there
to see the whole thing through.
It was when he was called
as a witness that he first came face to face with the man who
had murdered his brother.
He said: "Foust was
sitting a few metres away from me and the only way I was able to
get through it was by adopting a business-like manner and
keeping the emotion out of it.
"Then, just as all the
way through the trial, Foust seemed to be finding something
amusing - he was smirking, rocking back in his chair and blowing
kisses at the jury.
"But he made eye contact
with me and knew I was there, and who I was."
During the trial, the
jury heard how David Ward had devoted his life to helping others.
After his murder, his mother received hundreds of letters from
the patients whose lives he had touched.
The jury took five hours
to convict Foust - and his reaction was to laugh.
Four days later, he was
given the death sentence and he waived his rights to appeal.
While on Death Row, he
told other inmates why he had murdered the 43-year-old bachelor
whose future was so bright.
He said: "It was his
attitude. He had a real arrogant, snobby English kind of
attitude.
"Here's a guy who's got a
good job and education. It takes a good deal of determination to
put a man in a chokehold and choke the life out of him."
Foust had tasted the
harsh reality of prison life before and was in no mood to sit in
his cell for years as the appeals dragged on.
He said: "Now I am ready
to die. I don't want to spend the rest of my life without a
woman. I'm guilty."
Last week Michael Ward
stepped from an aeroplane at Houston Airport in an attempt to
exorcise the demon which Foust had become to his family.
At 6.05pm local time on
Wednesday, he walked across the courtyard of The Walls Prison,
avoiding the anti-death penalty campaigners and TV cameras.
Afew minutes later he was
in a tiny room where Foust, dressed in white prison regulation
uniform, was strapped to a bed, a tube sticking from either arm.
Although bars and a glass
screen separated them, Foust, already heavily sedated, turned to
look at his victim's brother.
Michael said: "He leaned
his head to one side and did his usual smirk - he knew I was
there. He was asked if he had any final statement. He said 'Adios
Amigo, see y'all on the other side'."
At 6.16pm a massive dose
of drugs was pumped into Foust's arms. Six minutes later he was
pronounced dead.
Michael said: "Right up
until the end my fear was he would say he wanted to appeal.
"It was all very clean,
all very humane and I was actually disappointed by how quick it
all was.
"I know a lot of people
reading this article will be horrified at what I'm saying.
"But he had a choice in
all this. What choice did my brother have?