Murder conviction reversed

By: Tom Campbell Email
By: Tom Campbell Email

January 28, 2008

ATLANTA, Ga.---The Georgia Supreme Court has reversed the murder conviction of Calvin Wayne Foster of Augusta.

He was convicted and sentenced to life in prison following the 2005 shooting death of his estranged wife, Daphne Jenkins Foster.

Foster confessed the couple argued, she tried to run, and he chased her next door and shot her.

Today's unanimous court ruling found the evidence surrounding Foster's mental state was conflicting. It also said the judge failed to define "mentally ill" and "mentally retarded" for the jury.

In the case, there was evidence Foster had learning disabilities, depression and anxiety and a mental age of about 14.

The crime happened in Sept. 2005 on Kohosh Court, off Old Savannah Rd.

A News 12 script at the time indicated Foster turned himself in to deputies and was charged with malice murder and possession of a weapon.


You must be logged in to post comments.

Username:
Password (case sensitive):
Remember Me:

Read Comments

Comments are posted from viewers like you and do not always reflect the views of this station.
  • by LAKEYCIA Location: TENNILLE GA on Sep 25, 2009 at 06:08 PM
    IT'S BEEN ALMOST FOUR YRS NOW AND I STILL FIND THIS HARD TO BELIEVE THAT THE JUSTICE SYSTEM ALLOWED THIS MURDERER TO BE RELIEVED OF HIS WRONG DOINGS; DAPHNE AND I GREW UP TOGETHER AS BEST FRIENDS AND I WATCHED HER AND "TIDDY" (CALVIN) THROUGHTOUT PART OF THEIR 8 YRS BEFORE MARRIAGE HE SHOWED NO SIGNS OF MENTAL DISABILITIES THEN AND I TRULY BELIEVE HE PLANNED THIS BECAUSE HE WAS A VERY JEALOUS THROUGH OUT THEIR WHOLE RELATIONSHIP. HE WAS ABUSIVE TO HER ALOT; I RECALL A TIME WHEN HE WAS DRIVING TRUCKS THAT HE LOCKED HER UP IN A CLOSET AND REMEMBERING NOTICING THE BRUISES ON FACE WHERE SH TRIED COVER THEM WITH MAKEUP. SHE HAD TRIED SO MANY TIMES TO LEAVE HIM AND HE WOULD BEG HER TO COME SAY " I PROMISE I'LL DO RIGHT TIME". IT SADDENS ME AND I CARRY HER MEMORIES EVERYDAY NO TIME OR DAY GOES BY WITHOUT THINKING WHAT TRIGGER SUCH BRUTAL VIOLENCE AGAINST MY SISTER AND BEST FRIEND; HE NOT ONLY TOOK A FRIEND BUT MOTHER OF FIVE CHILDREN WHO MISS "MOMMY" VERY MUCH AND I HOPE THE "SOB" ROT IN HELL.
Mailing Address: P.O. Box 1212 Augusta, GA 30903 Main Telephone: (803) 278-1212 Newsroom: (803) 278-3111 newsroom@wrdw.com Fax: (803) 442-4561
Copyright © 2002-2016 - Designed by Gray Digital Media - Powered by Clickability 14482207 - wrdw.com/a?a=14482207
Gray Television, Inc.