Evergreen murderer sentenced to 110 years
An Evergreen man convicted of murdering his neighbor has been sentenced to 110 years in Montana State Prison.
Baron James Foster, 48, was found guilty of deliberate homicide after a June trial in Flathead County District Court.
District Judge Ted Lympus on Thursday issued the maximum sentence after tearful testimony from the family of Michelle Miller. Prosecutors alleged that Miller, 42, was killed after Foster shot her twice in the head with a 9 mm pistol on May 8, 2009.
“There is no more serious offense in the court’s mind than deliberate homicide,” Lympus said before issuing the sentence.
Foster won’t be eligible for parole for at least 27 years, Lympus said. The sentence is comprised of 100 years for deliberate homicide and 10 years for the use of a firearm.
Miller’s family hugged, cried and expressed relief as Lympus announced his decision. Foster’s defense attorney, Scott Spencer, had asked for a 12-year sentence, citing Foster’s military service and lack of criminal history.
Flathead County Attorney Ed Corrigan said the hefty prison term provides a measure of justice for the victim and her family.
“As much as you ever can in a case like this,” Corrigan said. “There is never any way you can replace the loss of life, the loss that the family feels.”
Miller’s brother and two sisters testified during the hearing.
Her sister said she had traveled a long way to see Foster face-to-face. She told Foster that he had “made an orphan of a 13-year-old girl” (Miller’s daughter) and that the family will live with the pain brought on by Miller’s death for years.
She said she takes frequent detours to avoid the scene of Miller’s death, and said she will never forget the agony of having to call Miller’s parents to tell them of their daughter’s demise.
“I feel very strongly that you deserve to die for what you did to my sister and all of us,” Miller’s sister said, looking directly at Foster.
Miller’s brother called the alleged homicide “demonic and sick.”
“I’m just trying to figure out why you shot her,” he said, breaking into tears. “I just don’t understand.”
Foster has repeatedly denied shooting Miller. On Thursday, he declined to address the court. He was the defense’s only witness during the trial that concluded June 22.
According to court documents, the shooting occurred while Tim Smith, Foster and Miller visited Foster’s apartment on the 1500 block of Montana 35.
Foster has said he doesn’t remember the shooting. He said during the trial that the last thing he remembered was Miller complaining about boyfriend troubles, then hearing two gunshots in his left ear. He admitted to drinking excessively and said he was under the influence of nine prescription medications. He initially claimed that Miller had shot herself, but later said “it was an embellishment.”
He told investigators the night of the shooting that he and Miller had become embroiled in a verbal and physical altercation. After the scuffle subsided, he retrieved the handgun and shot her, according to court documents.
Miller, who was not drinking, was found slumped on the floor in front of a couch with the gun laying next to her, court documents indicated. She later died at a hospital.