Rape case moves to trial

Jan. 22, 2014 @ 08:50 PM

A third attempt at setting a bond for Daquan Keith Foster, charged with the March 28 rape of a 51-year-old woman in the area of McBorn Street and Young Avenue, will be heard in court during trial week Feb. 10.

Foster, 20, appeared before Vance County Superior Court Judge James Hardin Jr. on Wednesday.

Assistant District Attorney Bill Griffin objected to defense attorney Nick Bagshawe’s request for bond on the grounds that the victim in the case had not been notified that a motion on bond would be made this week.

“The defendant used a firearm in the perpetration of this rape, and the victim was bruised and bloodied,” Griffin said, adding that two prior requests for bond had already been denied.

Bagshawe said Foster, with no prior criminal record, should be able to receive a $120,000 bond for conditional release after being jailed so long.

“My client has been in jail since March 28,” Bagshawe said. “We would like to be heard on matters of bond. He has no criminal record, he has been in jail for nearly a year.”

“The state objects,” Griffin said. “The victim in this case has not been notified as is mandated.”

After further discussion, Hardin ruled that the matter on bond be “held open” so the victim can be notified of the bond request as the case moves from the Superior Court Case Management System to trial court.

Hardin arranged for the bond hearing to take place during the Feb. 10 trial court week, even though the calendar had already been set, according to Griffin.

“We at this time will withdraw our plea offer,” Griffin said. “How does the defendant plea to the offense of first-degree rape and kidnapping?”

“The defendant pleads not guilty, your honor,” Bagshawe responded, directing his statement to the court.

Both Bagshawe and Griffin in October indicated that a plea deal was “close at hand” as both sides accumulated discovery on medical records and other evidence for the case.

The management of hearings was delayed several times because of lengthy lab work by the State Bureau of Investigation and at least one request being sent to the wrong hospital for medical records.

Foster is noted as residing at 63 Lynnbank Estates Road.

 

Contact the writer at mfisher@hendersondispatch.com.