Trial in Vance County Superior Court leads to First Degree Rape Conviction
Henderson, NC – Vance County Criminal Superior Court was held during the week of November 30, 2015. Senior Resident Superior Court Judge Robert H. Hobgood presided during the session. The Office of District Attorney Mike Waters was represented by Assistant District Attorneys Melissa D. Pelfrey, Onica F. Fuller, William J. Williamson and Stephen T. Gheen, according to a press release issued by Waters.
The primary focus of the week-long session was the trial of State of North Carolina vs. Daquan K. Foster. Mr. Foster was charged with a First Degree Rape and Second Degree Kidnapping which were alleged to have occurred on March 28, 2013. Mr. Foster was represented by Attorney E. N. Bagshawe. At the close of State’s evidence Judge Hobgood dismissed the Second Degree Kidnapping charge. At the close of all evidence and arguments of counsel, the jury convicted Mr. Foster of First Degree Rape, the press release said.
Judge Hobgood re-empaneled the jury for the consideration of aggravating factors to enhance sentencing. The jury found, as an aggravating factor, that the victim suffered from mental and physical disabilities. Judge Hobgood continued sentencing, at the request of Mr. Foster’s attorney, until after January 7,2016. Mr. Foster will receive an active sentence between 144 to 420 months in the North Carolina Department of Adult Corrections, according to the release.
Pending a sentencing hearing, Mr. Foster’s bond was revoked, and he is being held in the custody of the Vance County Sheriff’s Office, the release said.
This case was prosecuted by Assistant District Attorneys Melissa D. Pelfrey and Onica F. Fuller. The case was investigated by Det. Brandon Logue, Sgt. Jessica West and Lt. Christopher Ball of the Henderson Police Department under the leadership of Chief Marcus Barrow, according to the release.
Waters told WIZS News, “I am very proud of the brave victim who testified about what is perhaps the worst thing that ever happened to her. I appreciate the hard work and professional way in which this case was prepared by the Assistant District Attorneys and the Henderson Police Department.”
