'He stuck the gun to her temple'

During the second day of a homicide trial, the jury on Tuesday heard testimony from the man who witnessed the alleged murder, as well as from investigating authorities.

The deliberate homicide trial of Baron James Foster, 47, who allegedly shot and killed his neighbor Michele Miller on May 9, 2009, began Monday.

While on the stand Tuesday morning, Foster’s neighbor Tim Smith told how he watched Foster shoot Miller, then 42, in the head while Smith, Foster and Miller visited in an apartment on the 1500 block of Montana 35 in Evergreen.

That night, “everybody was laughing and joking” at first until Foster poked Miller in the ribs, according to Smith.

“It was like that,” Smith said, snapping his fingers, “and she turned and said, ‘Don’t you ever touch me.’”

When Foster continued to touch her, Miller punched him on the arm, Smith said.

An argument ensued.

Then Foster put Miller in a bear hug.

“He let her go and he said, ‘Hand me the 9-mm’ so I handed it to him,” said Smith, who said he handed over the gun because it was Foster’s house, Foster’s gun, and because he “didn’t have the foggiest idea that he [Foster] was going to do something.”

“He put the gun in back of her” near her neck, Smith continued, “and he fired.

“And I thought, ‘man, this is a joke.’

“And then she said, ‘I can’t believe you did that.’

“That’s when he stuck the gun to her temple and pulled the trigger.”

Smith, who said he departed so quickly he left his hat behind, went next door and called 911.

Travis Spinder, a firearms expert from the Montana State Crime Lab, testified that ballistic results on the gun were inconclusive, since the bullets at the scene traveled through walls and wood, giving them slightly different patterns than the test bullets fired from the 9-mm pistol.

Although not identical to the test bullets, the bullets recovered from the scene were similar, according to Spinder. He also said the gun would not fire unless the trigger was pulled.

Spinder also said the bullets’ trajectories could not have been caused by someone sitting in the chair, but could have been caused by someone sitting on the couch.

The night of the shooting, Foster and Miller were sitting next to each other on a couch and Smith was sitting on a chair nearby.

According to court documents, Miller was found slumped on the floor in front of a couch. She died shortly after her arrival at the hospital.

The jury trial in District Judge Ted Lympus’ courtroom is expected to last until Thursday.

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

Foster has said Miller shot herself.

Reporter Melissa Weaver may be reached at 758-4441 or by e-mail at mweaver@dailyinterlake.com.