Superior Court trial could be coming in rape case

Apr. 16, 2013 @ 04:25 PM

Court officials rescheduled a hearing in the rape case against 20-year-old Daquan Keith Foster, who appeared in court briefly Monday only to be told that he would be back in court in seven days.

Police arrested Foster soon after responding to the March 28 rape of a 50-year-old woman on Young Avenue.

Assistant District Attorney Bill Griffin said the hearing in Vance County District Court is slated to focus on the question of moving the case to trial in Superior Court.

“A hearing was set for Monday, and there was no other action taken,” Griffin said. “It would be scheduled for a probable cause hearing.”

The question of probable cause does not include a finding of guilt, but involves the consideration of some evidence presented in order for a District Court judge to determine if the case meets the threshold of requiring further trial proceedings.

According to case files, evidence includes a positive identification of Foster as the attacker, made by the victim in the case. Buccal swab DNA testing of Foster was also performed, according to search warrant documents, but testing results are not included in case files.

According to statements included with search warrant documents, Henderson Police Department investigators served a search warrant at 1502 Parham St., Henderson, after the victim in the case told police that her attacker came from that location.

Foster also faces a charge of kidnapping in the incident that took place at about 2:30 on the Thursday afternoon in the area of McBorn Street and Young Avenue in Henderson.

Contact the writer at mfisher@hendersondispatch.com.