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Description: Tulsa, Oklahoma criminal lawyer represented Defendant charged with second-degree murder in Indian Country.

Kevin Tyler Foster, 36, pleaded guilty to second degree murder in Indian Country. On Nov. 15, 2018, Foster drove to a building that housed a trailer where victim Rick Swan was residing. Foster admitted to entering the trailer and shooting the victim multiple times, killing him, then setting fire to the victim’s body.

The victim was discovered by firefighters who had responded to calls about a fire on the property. Deputies with the Rogers County Sheriff’s Office were also on the scene.

According to court documents, deputies learned that the victim and Foster were involved in an intense “family feud” and that the two were scheduled for a hearing in Tulsa County District Court the same day. They also learned the victim had previously told an individual that he was concerned for his safety because of the “feud.”

Witnesses further reported seeing a vehicle on the victim’s property that morning, which was the same make and model driven by Foster.

Using cell phone records and surveillance video, Oklahoma State Bureau of Investigation agents confirmed that Foster was in the Claremore area at the time of the murder. A deer camera that had been set up on the victim’s property was later found that revealed still images of the defendant inside the building at 10:36 am the day of the crime carrying what appeared to be a firearm. A second image showed Foster carrying a red gasoline can, and another showed a fire blaze and illumination on the edge of the screen.

The Rogers County Sheriff’s Office, Oklahoma State Bureau of Investigation and FBI conducted the investigation. Assistant U.S. Attorney Ryan H. Heatherman prosecuted the case.

18 USC 1151, 1153, and 1111: Second Degree Murder in Indian Country
(1s)

Outcome: Defendant was sentenced to 540 months in prison, followed by five years of supervised release.

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