Swift verdict: Guilty of murder

A murder conviction for an Evergreen man was met with tears Thursday from the victim’s family.

After about an hour of deliberation, a Flathead District Court jury unanimously found Baron James Foster, 48, guilty of deliberate homicide for shooting Michele Miller, then 42, point-blank in the head with a 9-mm pistol.

The murder occurred at his apartment in Evergreen on May 9, 2009.

While the jury deliberated, Foster changed from a suit and tie into a bright orange Flathead County jail shirt and blue sweatpants. He returned to court and listened to the verdict dressed in the jail garb.

He showed no visible emotion.

After the verdict was read, Flathead County Attorney Ed Corrigan said: “I think the jury listened very carefully to the evidence and absolutely reached the right verdict,” noting it was amazing that 12 people off the street can listen to facts without being swayed by emotions and come to the correct verdict.

“It really is remarkable how well the justice system works,” he said.

Prosecuting attorney Lori Adams thanked the jury for paying attention and coming to a fair verdict.

Defense attorney Scott Spencer declined to comment.

“It cannot be suicide, this woman’s hand was between the gun and her head when it was fired,” Corrigan told the jury Thursday during closing arguments in the four-day trial.

He asked jurors to base their decision on witness statements since the case lacked hard scientific evidence pinning the crime on Foster.

Tim Smith testified Tuesday that he saw Foster shoot Miller after the two argued in Foster’s apartment.

Although Foster initially told investigating officers Miller had shot herself, on the witness stand Wednesday he testified he was drunk at the time and told officers it was a suicide because that is what he guessed happened.

But upon further consideration, he accused Smith of the crime.

Corrigan said Smith never was a suspect.

Spencer disagreed.

During his closing arguments, Spencer pointed out the case’s inconclusive scientific evidence and questioned Smith’s credibility, later accusing him of killing Miller. With the help of his co-counsel Steve Scott, Spencer re-enacted his version of the incident for the jury, showing how Smith possibly could have gotten up from his seat and shot Miller.

Jury members could not be reached for comment on the verdict.

Foster faces a maximum sentence of 100 years or life in prison, plus an additional 10 years because a firearm was involved in the crime.

A sentencing hearing has been set for Aug. 12.

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