Defendant: 'I'm not a murderer'

The Evergreen man accused of shooting his neighbor took the stand in his own defense Wednesday.

“I might be an absolute idiot when I’m drunk, but I’m not a murderer,” said Baron James Foster, 48, testifying to his excessive drinking the night he allegedly shot and killed Michele Miller, then 42.

The shooting occurred while Tim Smith, Foster and Miller visited in Foster’s apartment on the 1500 block of Montana 35 in Evergreen on May 9, 2009.

The trial goes to the jury today following closing statements and jury instructions.

On Wednesday, defense attorney Scott Spencer said: “I could spend a lot of time telling you what Baron’s going to say, but the best person to hear it from is Baron. So we’ll let Baron tell you what happened.”

Foster was the defense’s sole witness.

Foster said he did not remember the actual shooting that night. He said the last thing he remembered was Miller complaining about boyfriend troubles, then hearing a gunshot in his left ear.

Then another.

Foster said he had brought the guns from a back room because Smith wanted to see them. He said he had unloaded a 9 mm pistol and didn’t know how it got reloaded.

Although Foster admitted drinking excessively that night, he said he doesn’t typically suffer blackouts, nor was he blacked out that night. He said he does pass out when he drinks more than six beers, which was the case that night.

“I was highly intoxicated, I was under the influence of nine prescription medications at that time. It was an embellishment, clearly,” said Foster, when asked why he told investigating officers he saw Miller shoot herself.

“I know I didn’t do anything,” he said, “so I presumed that’s what it was.”

“I did not see who shot her, but I know I did not shoot her... because I do not do things like that,” Foster said.

Later he accused Smith of committing the crime.

According to Flathead County Attorney Ed Corrigan, Smith was “not ever” a suspect in the case because “there is no indication whatsoever that he was responsible.”

According to testimony from Smith and Foster, Smith was seated on a chair and Foster and Miller were seated on a small couch nearby.

Firearms expert Travis Spinder testified Tuesday that someone sitting in the chair could not have fired the bullet that ultimately killed Miller, but the fatal shot could have come from someone seated on the couch.

Testimony for the prosecution focused on whether it was possible to scientifically prove whether Foster shot Miller or Miller shot herself.

The presence of such factors as gunshot residue was inconclusive, according to expert witnesses. This was due to the small room in which Foster, Miller and Smith were seated. The presence of gunshot residue only puts someone in a gunshot environment and can’t determine the shooter.

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.

During cross-examination, prosecuting attorney Ed Corrigan went over interviews Foster gave to Flathead County Sheriff’s detective Bret Childers and Flathead County Sheriff’s Sgt. Ernie Freebury after the incident.

Foster blamed discrepancies, such as his claim to being in the Special Forces (which he admitted wasn’t true) to “drunken embellishment.”

He said he didn’t remember giving the interviews that night because he was very intoxicated.

Childers testified Wednesday that Foster appeared cognizant and was “fine” during the interview.

Foster said he suffers from post-traumatic stress disorder.  

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.