AUSTIN - Gov. Rick Perry offered a rare reprieve today to a death row inmate who was sentenced to die for a killing he did not personally carry out.
Six hours before Kenneth Foster was scheduled to die, Perry accepted a recommendation from the state board of pardon and paroles and commuted Foster's death sentence to life in prison.
In a statement, Perry said he arrived at "the right and just decision" after carefully reviewing the facts and after considering the board's 6-1 recommendation, which was issued earlier this morning.
Foster, a former gang member from San Antonio, was sentenced to die for being an accessory to the murder of 25-year-old law student Michael LaHood Jr., who was killed in 1996 at age 25. Foster, who was then 19, was the getaway driver in a car some 80 feet away from where one of his buddies shot and killed LaHood during a botched robbery.
Perry specifically cited the fact that Foster was tried, convicted and sentenced directly alongside the triggerman, which could have tainted the jury's punishment choice.
"After carefully considering the facts of this case, along with the recommendation 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," Perry said in a statement.