Homicide trial begins

The trial of Baron James Foster got under way Monday with a Flathead County prosecutor outlining in opening arguments how Foster allegedly shot and killed his neighbor, Michele Miller, on May 9, 2009.

“I can’t believe he just did that!” prosecutor Lori Adams said in relating the last words Miller spoke after Foster allegedly fired a 9mm handgun round that passed just behind Miller’s head.

Adams said Foster, now 47, then put the muzzle of the gun against Miller’s head and fired again, killing her. She was 42 at the time.

Foster is on trial for deliberate homicide.

Before the shooting, Miller and another man, Tim Smith, were visiting Foster’s apartment on the 1500 block of Montana 35 in Evergreen when Miller and Foster started arguing.

Adams said Foster was sitting on a couch, poking at Miller, when Smith warned him to stop, saying that she may have a “PTSD

 moment,” referring to post-traumatic stress disorder.

Adams said Foster then asked Smith to get his nearby pistol, and Smith did, not knowing he was going to cause any harm.

“I’ll show you a PTSD moment,” Foster said just before shooting, according to Adams.

Foster’s public defender, Scott Spencer, reserved the opportunity to make any opening statements until the prosecution rests its case.

The jury trial in District Judge Ted Lympus’ courtroom is expected to last until Thursday, with Adams announcing that the prosecution would bring a long list of witnesses to the stand, including seven people from the State Crime Lab in Missoula.

Flathead County Attorney Ed Corrigan went on to play for the jury a recording of a 911 call that Smith made at about 11:30 p.m. after running to a neighbor’s apartment. During the call, Smith can be heard saying that his neighbor just shot a woman in the head.

Corrigan later played a 911 call that Foster made just minutes later, in which he said that a woman just shot herself in the head in his apartment.

During her opening statements, Adams said Foster maintained that version of events in subsequent interviews with investigators.

She said detectives doubted that story, partly because the tip of a finger on Miller’s right hand was shot off by the second round that was fired and Miller was right-handed.

The first sheriff’s deputy at the scene, Bruce Parish, testified that the apartment door was open and he could see Foster talking on a phone inside when he arrived.

Parish said he instructed Foster to come outside and lay down. Parish then conducted a quick survey of the apartment, finding Miller slumped over on her knees in front of the couch, still breathing, with a gun next to her leg.

He handcuffed Foster and quickly photographed and marked evidence, knowing that medical responders soon would arrive and likely would disturb evidence.

At one point, Parish said he asked Foster what had happened and got no response.

“I asked him again and he said she shot herself,” Parish said.

Asked if Foster was intoxicated, Parish said, “I believe he was very intoxicated.”

Foster could face up to 100 years or life in prison if convicted of deliberate homicide, and an additional 10 years because a firearm was involved.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com.