The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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Inmate Details


Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Inmate

Last Name First Name Picture DC Number Agency Case Summary
Foster Kevin D Y01561 CCRC-S Case Summary

Last Action

Date Court Case Number Last Action
09/27/01 CC 96-1362 3.851 Motion
07/01/09 CC 96-1362 Status Conference
07/21/10 CC 96-1362 Status Conference
10/22/10 CC 96-1362 Status Conference
12/08/10 CC 96-1362 Status Conference

Current Attorney

Last Name First Name City Address Zip Phone Email

Cases

Attorney Case Number Judge County CCRC Appt. Order Contract Sign

Last Updated


2008-01-10 10:38:36.0


Case Summary
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The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

FOSTER, Kevin D. (W/M)

DC      Y01561

DOB:   06/16/77

 

Twentieth Judicial Circuit, Lee County Case # 96-1362-B

Sentencing Judge: The Honorable Isaac Anderson, Jr.

Attorney, Trial: Robert R. Jacobs, II – Assistant Public Defender

Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender

Attorney, Collateral Appeals:  Terri Backhus & Leor Veleanu – CCRC-S

 

Date of Offense:           04/30/96

Date of Sentence:         05/17/98

 

Circumstances of Offense:

 

Kevin Foster was the leader of a group called the Lords of Chaos, of which Peter Magnotti, Christopher Black, Derek Shields, Christopher Burnett, Thomas Torrone, Bradley Young, and Russell Ballard were all members.  The stated purpose of the group was to create disorder, through criminal acts, in the Fort Myers community. 

 

On 04/30/96, the members decided to vandalize Riverdale High School and set the auditorium on fire.  While the others remained outside, Foster, Black, and Torrone entered the high school and stole staplers, canned goods, and a fire extinguisher to enable them to break into the auditorium.  Around 9:30 p.m., Riverdale’s band teacher, Mark Schwebes, arrived at the auditorium and confronted the group.  Schwebes seized the stolen items and told them that he would report the incident to the campus police the next day.  Schwebes then left to have dinner with a friend, David Adkins. 

 

Black declared that Schwebes “has got to die,” to which Foster replied that if Black could not do it, he would.  The group decided to go to Schwebes’ home  and kill him there.  Foster went home to get his shotgun, and the group obtained Schwebes’ address and telephone number through a telephone operator.  After verifying the address by identifying Schwebes’ voice on the answering machine, the group obtained a map to confirm the address, gloves, ski masks, and a license plate that had been stolen earlier, so as to enable their escape. 

 

Black, Shields, Magnotti, and Foster agreed to participate in the murder, and at

11:30 p.m., the group drove to Schwebes’ house.  Foster and Shields walked to the door, and Foster hid as Shields knocked on the door.  When Schwebes answered the door, Foster stepped between Schwebes and Shields and shot Schwebes in the face and then shot him again in the pelvis. 

 

Two of Schwebes’ neighbors testified to hearing a car with a loud muffler leave immediately after hearing the two shots fired and seeing the car drive away.  Shields’ car had a bad muffler.  Police found Foster’s shotgun, a ski mask, gloves, and a newspaper clipping of the murder in the trunk of Magnotti’s car.  Foster’s fingerprints were found on the shotgun, the gloves, and the newspaper.  Burnett and Magnotti’s fingerprints were also found on the newspaper. 

 

All of the group members who participated in the murder and conspiracy cooperated with the State and testified to the facts of the case.  Schwebes’ friend, David Adkins, testified that he saw Schwebes’ vehicle parked at the spot where Schwebes had confronted the group.

 

Codefendants Information:

 

Pursuant to plea agreements with the State, Black and Shields were sentenced to life imprisonment; Magnotti was sentenced to thirty-two years imprisonment; Burnett was sentenced to two years in county jail for non-homicidal offenses; Torrone was sentenced to one year in county jail, ten years probation, one hundred hours of community service, and restitution.

 

Additional Information:

 

At the time of the murder, Foster had no criminal record, but his current prison record shows other crimes, related to the evening of the murder, that were the subject of another case (96-1361).

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

 

 

04/19/1996

ARSON,WILLFUL DAMA.STRUCT.

02/05/1999

LEE

9601361

4Y 0M 0D

 

 

04/26/1996

ROBBERY W/FIREARM OR D/WEAPON

02/05/1999

LEE

9601361

4Y 0M 0D

 

 

04/30/1996

1ST DG MUR/PREMED. OR ATT.

06/17/1998

LEE

9601362

DEATH SENTENCE

 

 

05/03/1996

ROBBERY W/FIREARM OR D/WEAPON

02/05/1999

LEE

9601361

4Y 0M 0D

 

 

 

 

Trial Summary:

 

05/21/96          Indicted on one count of First-Degree Murder

05/22/96          Pled not guilty

03/11/98          Jury returned a guilty verdict

04/09/98          Jury recommended a death sentence by a vote of 9-3

05/17/98          Sentenced to death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 93,372

778 So.2d 906

 

07/06/98          Appeal filed

09/07/00          FSC affirmed conviction and sentence

01/22/01          Rehearing denied

02/26/01          Mandate issued

 

Circuit Court – 3.851 Motion

CC# 96-1362-B

(Pending)

 

09/27/01          Motion filed 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Direct Appeal was pending from 07/06/98 – 02/26/01. 

 

Case Information:

 

Foster filed a Direct Appeal with the Florida Supreme Court on 07/06/98, citing the following errors:  denial of numerous pretrial motions for change of venue, permitting the State to elicit hearsay testimony of several witnesses, prejudging of the case by the trial court, improper inclusion of the avoid arrest aggravating circumstance, admitting charging information at the Spencer hearing, failure to properly consider mitigating circumstances, and disproportionate sentencing in comparison to other cases.  The FSC affirmed the conviction and sentence on 09/07/00. 

 

Foster filed a 3.851 Motion with the Circuit Court on 09/27/01 that is pending.

 

________________________________________________________________________

 

Report Date:     12/05/01          JFL

Approved:        12/17/01          WS

Updated           05/03/04          JFL