Historic moment: Texas commutes a death sentence


Gov. Rick Perry commuted a death sentence today. This is the first commutation in eight years so close to an execution. Any commutation recommendation is rare in Texas.

Is this just one commutation, or does it signal a change?

Gov. Perry’s press release:

Perry Commutes Death Sentence

AUSTIN – Gov. Rick Perry today commuted the death sentence of Kenneth Eugene Foster of San Antonio to life imprisonment after the Texas Board of Pardons and Paroles (TBPP) recommended such action.

On May 6, 1997, Foster was sentenced to death for his role in the 1996 capital murder of Michael LaHood. Foster sought to have his death sentence commuted to a life sentence arguing that he did not shoot the victim, but merely drove the car in which that the actual killer was riding. In addition, Foster was tried along side the actual killer, Maurecio Brown, and the jury that convicted Foster also considered punishment for both him and his co-defendant in the same proceeding.

“After carefully considering the facts of this case, along with the recommendations from the Board of Pardons and Paroles, I believe the right and just decision is to commute Foster’s sentence from the death penalty to life imprisonment,” Gov. Perry said. “I am concerned about Texas law that allows capital murder defendants to be tried simultaneously, and it is an issue I think the legislature should examine.”

The TBPP voted 6-1 to recommend commutation, and the governor signed the commutation papers Thursday morning.

The governor’s action means Foster’s sentence will be commuted to life imprisonment as soon as the Texas Department of Criminal Justice can process this change.

Other information:

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3 Responses to Historic moment: Texas commutes a death sentence

  1. bernarda says:

    While there are certainly cases where a life sentence is merited, even necessary, this doesn’t seem to be the case here. Foster has already spent 11 years in prison. Would he be a danger if let out?

    One of the others in the car is serving life for a different murder. How can one equate the two cases for the same sentence? Another person in the car took a life sentence plea though I didn’t see if he had killed anyone. Are his acts the same quality as the two others who actually did kill someone?

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  2. Why does Texas have so many more than other states? And why does one state here have so many more than lots of other countries. It makes Texas look so backward. I am glad they commuted this one at least.

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  3. [...] The TBPP voted 6-1 to recommend commutation, and the governor signed the commutation papers Thursday morning. More… [...]

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