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Evergreen man pleads innocent to murder charge

by NICHOLAS LEDDEN/Daily Inter Lake
| June 5, 2009 12:00 AM

An Evergreen man has pleaded innocent to deliberate homicide charges in connection with the shooting death early last month of his 42-year-old neighbor.

Aside from a short conference with his attorney, 47-year-old Baron James Foster said nothing and appeared indifferent to arraignment proceedings Thursday in Flathead County District Court.

Foster's attorney, public defender Glen M. Neier, waived a public reading of the charging documents and entered a not-guilty plea on his client's behalf during the brief hearing.

Foster is accused of using a 9 mm handgun to shoot his neighbor, Michele Miller, in the head the night of May 8 after an argument during a dinner visit escalated into violence.

According to court documents, deputies responding to Foster's residence in an apartment complex in the 1500 block of Montana 35 about 11:30 p.m. found Miller slumped on the floor in front of a couch.

Miller had been shot once in the head. She was pronounced dead shortly after her arrival at Kalispell Regional Medical Center.

Foster, who waited for responding deputies, was arrested without incident at the scene. The pistol used in the shooting was found next to Miller's body.

Miller and her roommate had gone next door to Foster's apartment for a visit and dinner, court records show. But Foster and Miller soon got into an argument that eventually escalated into a physical confrontation.

Alcohol was involved.

Foster, who had brought out a rifle, a pistol, and a knife to show Miller's roommate, allegedly picked up the handgun and held it to Miller's neck before firing twice.

According to the roommate, the first bullet passed behind Miller's head. It went through two neighboring apartments and was found in a third, investigators said.

As Miller reacted to the shot, Foster - who was sitting next to her on the couch - fired again, striking her in the side of the head.

If convicted, Foster could face up to 100 years or life in prison. An additional 10 years could be added to that sentence because a firearm was used in the commission of the alleged murder.

Foster is being held in the Flathead County Detention Center on $250,000 bail. His trial is scheduled for the jury term beginning at the end of August.

Both Foster and Miller recently had moved into the apartment complex and reportedly did not know each other well.

Reporter Nicholas Ledden can be reached at 758-4441 or by e-mail at nledden@dailyinterlake.com