Andrew K. Foster pleaded guilty to committing break-ins in Union, Franklin, Delaware, Fairfield, Fayette, Morrow, Perry and Madison counties and was recently sentenced by Union County Judge Don Fraser to more than a decade in prison.
Officials from the Union County Prosecutor’s Office said obtaining the resolution of this case was a challenge.
Foster was indicted by the Union County grand jury for 15 counts of breaking and entering, theft, grand theft and engaging in a pattern of corrupt activity.
The defendant allegedly headed up a criminal “crew” that broke into filling stations, stealing thousands of dollars’ worth of cigarettes. The cigarettes were then either sold or traded for crack cocaine and cash.
Foster and his crew stole reportedly more than $29,000 worth of cigarettes during the break-ins, Union County Prosecutor’s Office officials said.
A former locksmith, Foster was adept at defeating the door locks securing the businesses. Once inside, Foster and his accomplices used trash bags and cans to carry the stolen merchandise from the stores.
Detectives from the Union County Sheriff’s Office, working with Columbus Police and other law enforcement agencies, put together the criminal pattern allowing Foster to face the more serious second-degree felony. Detective Adam Haycox led the investigative effort for the Union County Sheriff’s Office.
This isn’t Foster’s first brush with the law, officials noted. He is one of the defendants in a 2006 Ohio Supreme Court case, which struck down a portion of Ohio’s sentencing laws.
In that case, Foster had been indicted in Licking County for multiple counts of breaking and entering, safecracking, forgery, possession of cocaine and engaging in a pattern of corrupt activity. He was sentenced to nine years, but his sentence was appealed to the Ohio Supreme Court, which took up the issue striking down several provisions of Ohio law.
Foster’s latest sentencing hearing was delayed several hours due to Foster’s last-minute actions. Foster had been hospitalized after becoming ill while an inmate at Tri-County Regional Jail. He was placed on oxygen when released from the hospital.
To avoid exposure, the court wanted to sentence Foster via video, but he refused to waive his personal appearance in court.
Transported by deputies to the 8:30 a.m. hearing with his portable oxygen, Foster first tried to withdraw his guilty plea. After a hearing, the court denied his request.
Foster apparently then ran out of oxygen and claimed he could not breathe and said he was having a panic attack. Medics were called and Foster was transported to Memorial Hospital in Marysville.
An hour later, Foster was released and returned to court, where he was finally sentenced at 4 p.m.
Noting that the defendant had at least 22 prior felony convictions beginning at age 33, was not remorseful, was likely to re-offend and was not suitable for a community control sanction at West Central Community Based Correctional Facility, Judge Fraser sentenced Foster to an indefinite prison term of 10.5 to 14.5 years in prison.
He was ordered to pay restitution to the victims.