Citations, Rights, Re-Use. video, As a result, we find that Jamal does not have any close ties to the community that might assure his appearance at trial. Yolanda also told the trial court that she lives in Louisiana at the Barksdale Air Force Base and works at a casino in Shreveport as a finance supervisor. Before leaving the apartment, Foust and the co-defendant sprayed words and letters on the walls to make the murder appear gang-related. Const. Check out our Resources for Educators Site! crediting UNT Libraries Special Collections. But he told me something else that was — and is — very, very important: It didn’t matter whether he or Henry Dunne or David McMillan — his two co-defendants — actually hated gay men. However, the ability of an accused to post bond is merely one factor to be considered in determining the appropriate bail. 17.15. Execution Report: Aaron Foust. University of North Texas Libraries, The Portal to Texas History,; I am saying that based on what two men who have been convicted and executed for crimes against gay men told me. And as far as I am concerned, that makes these crimes of bias based on the sexual orientation of the victims. Descriptive information to help identify this video. Ann. Although he has a few relatives in Dallas, none of his immediate family lives in Texas. Change ), You are commenting using your Twitter account. This story aired at 6:00 P.M. She testified that her husband (Jamal's father) is a military police officer for the United States Air Force. After visiting for a while, Ward said that he was tired and wanted to go to bed. ( Jamal heard Ward yelling, “Don't kill me please, don't kill me,” and saw Foust choking Ward with his arms. On May 18, 1997, Foust and one co-defendant robbed and murdered a 43-year-old white male in Fort Worth. See Tex. NBC 5/KXAS Television News Collection (AR0776), University of North Texas Special Collections. In a written confession introduced at the habeas corpus hearing, Jamal assets that Aaron Foust is the actual killer. The circumstances of the offense as set forth in the indictment and Jamal's confession depict a violent, unprovoked killing and demonstrate an appalling lack of concern for human life.2  If convicted, Jamal faces life imprisonment or the death penalty. § 12.31(a) (Vernon 1994). Jamal was not employed at the time of the offense. April 28, 1999 « Death By Day April 28, 1999 Aaron Christopher Foust and Jamal Brown stormed the apartment of a 43 year-old male and tied him up. See Charlesworth, 600 S.W.2d at 317;  Vasquez, 558 S.W.2d at 480;  Miller, 631 S.W.2d at 827. At the close of evidence, the trial judge stated that although the bail was high, it was appropriate under the circumstances and declined to reduce the amount. Jamal filed a pretrial application for writ of habeas corpus, asserting that the bail was excessive. Jamal also asserts that the bond is excessive because the evidence at the habeas trial shows that Jamal did not use or exhibit a weapon and that Foust, not Jamal, actually killed the victim. Or are you going to go across the street to the park where the homosexuals hang out and rob them, where you know there won’t be any videotape and [the victim] won’t report it? collections, new partnerships, information on research, trivia, Continued from Page 1. [News Clip: Suspects], I have one. Race and Gender of Victim. We've identified this “If he had been a straight, married man, with a wife and kids, I’d have let him live,” Foust said of Ward. 1980);  Vasquez, 558 S.W.2d at 479. This is from the article I wrote for Dallas Voice following my interview with Aldrich: “Aldrich does not deny that he was involved in the events that led up to West’s murder. After ransacking his place, they strangled the victim, spray-painting the walls in an effort to make the robbery and murder appear as if a gang had committed the crimes. On May 18, 1997, Aaron Foust and Jamal Brown murdered David Ward, a gay man who worked as an administrator at John Peter Smith Hospital in Fort Worth. 1981);  Ex parte Goosby, 685 S.W.2d 440, 441 (Tex.App.-Houston [1st Dist.] They don’t report these crimes, because they don’t want anyone to know they’re gay. Point two complains of excessive bail under article I, sections 11 and 13 of the Texas Constitution. He had agreed to the interview because he wanted to tell me — so I could tell the LGBT community — that he didn’t really hate gay people and that he was, in fact, at least bisexual himself. Researchers, educators, and students may find this video useful in their work. But Foust killed Ward because he was gay. If you know of an execution that happened on a particular date and you would like to see it noted, then also please let me know. This site uses Akismet to reduce spam. The victim’s BMW was also stolen. Foust took his cash, ATM card, VCRs, stereo equipment and BMW. ), Business, Economics and Finance - Communications - Media, 1 This video is part of the following collection of related materials. It was found on fire in Arlington two Last, he moved to Arlington, Texas, where he was living at the time of the alleged offense. UNT Libraries. Here are some suggestions for what to do next. For guidance see This is an appeal from the denial of habeas corpus relief. Although Jamal has only been in the area for a short time, several of his relatives reside in Texas. Foust was convicted and sentenced to death. Ann. After killing Ward, Foust told Jamal to spray paint graffiti on the walls to make it appear as though gang members had killed the victim. (bond reduced from $500,000 to $100,000 in case involving murder and injury to a child where facts surrounding the offenses were not developed at habeas hearing);  Ex parte McDonald, 852 S.W.2d 730, 735-36 (Tex.App.-San Antonio 1993, no pet.) He is attending UTA as a transfer student and offered no evidence that he is a Texas resident. The amount of bail must also be based on the nature of the offense and the circumstances under which it was committed. “Or if he’d been single [and heterosexual], I probably wouldn’t have killed him. a digital repository hosted by the is part of the collection entitled: KXAS-NBC 5 News Collection Change ), You are commenting using your Facebook account. We've created an endowment to improve everyone's access to primary sources online. Ronnie Long, a bail bondsman in Tarrant County, testified that he probably would not give a $500,000 bond, but if he did, he would require unencumbered collateral for the full $500,000, plus $100,000 in cash. Tell us if you know the precise location of this item. art. The future safety of a victim of the alleged offense and the community shall be considered. Please try again. Co-defendants. After ransacking his place, they strangled the victim, spray-painting the walls in an effort to make the robbery and murder appear as if a gang had committed the crimes. Proc. Additional names may appear in Thereafter he moved to Commerce, Texas, to attend East Texas State University (ETSU) for one year. This story aired at 6:00 P.M. 1 videocassette (Betacam) (1 min., 56 sec.) Tex.Code Crim. On cross-examination, Yolanda acknowledged that Jamal has moved several times in recent years. 43-year-old white male in Fort Worth. And since the victims were robbed — or at least, their assailants tried to rob them — police can’t say that anti-gay sentiment played any role in the motives for the crimes. Helpful links in machine-readable formats. Further, as established by his mother's testimony, Jamal has moved around all his life and has lived at five different residences in the last two years. It was found on fire in Arlington two days after the murder. A grand jury indicted Appellant Jamal Brown ("Jamal") on one count of capital murder. Although the bail amount is high, Jamal has failed to demonstrate that the bail set is excessive. In three points, Jamal asserts that the trial court abused its discretion and erred in refusing to reduce his bond.1  The primary purpose of an appearance bond is to secure the presence of the accused at trial on the offense charged. Google Chrome, Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. KXAS-TV (Television station : Fort Worth, Tex.). In the case at hand, if Jamal fails to appear at trial, it is his family's assets and savings that are at risk rather than his own. 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