Driver given 30 years for waitress' slaying

The Dallas Morning News ^ | July 21, 2003 | By ROBERT THARP / The Dallas Morning News

[MeekOneGOP]

Driver given 30 years for waitress' slaying

07/22/2003

By ROBERT THARP / The Dallas Morning News

A Dallas County jury ignored Sarah Foust's plea for probation Monday, sentencing the 19-year-old single mother to 30 years in prison in the hit-and-run death of an Irving waitress who was trying to collect an unpaid restaurant bill.

Ms. Foust trembled and sobbed as the parents of 20-year-old Jennifer Sanchez addressed her moments after the jury's sentence on the sixth day of her murder trial. The victim's mother, Brenda Sanchez, supported the jury's punishment but told Ms. Foust that her murder conviction amounts to a tragedy for everyone.

Sarah Foust

"To see you go to prison hurts also," she said. "You have our forgiveness, and I'm so sorry that your childhood was so bad. ... It also hurt my heart to hear about what Jennifer had to go through."

Afterward, Ms. Foust's stepfather embraced Ms. Sanchez's parents and told them that he was sorry for their daughter's death.

Jurors deliberated nearly two hours before returning with the 30-year sentence. Ms. Foust could have received probation or a prison sentence of five to 99 years or life for the first-degree felony. Texas law requires that she serve 15 years of her sentence before she can become eligible for parole.

Jennifer Sanchez

The jury of nine men and three women deliberated about five hours last week before finding Ms. Foust guilty of murder.

Tim Powers, a Denton County defense lawyer, said he believes the jury found middle ground with the 30-year sentence. The punishment was probably a reflection of Ms. Foust's difficult home life balanced with the severity of the crime, he said.

"I think it's a pretty lenient sentence as far as murder cases go. ... She showed some remorse, but there's going to be some consequences for the action," he said.

Probation was sought

Ms. Foust and her attorneys, David Scoggins and Donna Kim, asked jurors to consider probation, citing her turbulent home life and her mother's addiction to prescription drugs. She became pregnant at 14 by an 18-year-old boyfriend who was later charged with statutory rape.

"I'm asking you to distinguish between the terrible thing that happened and the person who did it. ... She has the ability to change," Mr. Scoggins told the jury.

Also Online

Video: Bill Brown reports

When asked by prosecutor Keith Robinson about the appropriate punishment for her in the case, Ms. Foust said probation, not prison time. Mr. Robinson then asked whether she would feel the same if she were related to the victim.

"If I were to listen to the person," she said, crying. "If I heard the people testify that testified, yes sir."

Arguments in the trial centered on whether Ms. Foust intended to harm Ms. Sanchez as she fled from a Bennigan's restaurant in Irving early on the morning of Jan. 3. Ms. Foust said in her testimony that she did not realize Ms. Sanchez was clinging to the roof of the vehicle that she was driving.

Ms. Foust and her friends had spent the evening drinking at an Irving motel before agreeing to go out to dinner, knowing that none of them had enough money to pay for their meals, she said. The four consumed $131 in mixed drinks and food before walking out without paying.

Witnesses said that Ms. Sanchez followed the group out of the restaurant and stood behind their car trying to write down the license plate number. Ms. Foust backed into Ms. Sanchez, forcing her onto the trunk of the car. She was clinging to the roof of the car – her legs dangling off the back – as Ms. Foust accelerated. The waitress was thrown from the vehicle when Ms. Foust made a sharp turn.

Ms. Sanchez struck her head on the pavement and died from her injuries later that day.

Witnesses at the scene and Ms. Foust's recorded statements indicated that the 19-year-old was aware that the waitress was on top of the car. Prosecutor Howard Blackmon urged jurors in closing arguments to focus on a videotape of Ms. Foust secretly recorded as she sat with a friend moments after their arrest.

Joking on tape

In the tape, the two apparently intoxicated teens joke about their predicament and use expletives in reference to the victim.

"If that [expletive] is stupid enough to climb up on that [expletive] roof, then I'm sorry about her luck," she said as she sat handcuffed with her friend, Kortnie Henson.

Mr. Blackmon urged jurors to remember the victim and Ms. Foust's actions leading up to her death and immediately afterward.

"Jennifer Sanchez was not placed on this Earth as a sacrifice for the learning experience of Sarah Foust," he said.

E-mail rtharp@dallasnews.com

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Online at: http://www.dallasnews.com/latestnews/stories/072203dnmetfoust.af5e8d54.html

[MeekOneGOP]

Thirty years - that's it ? They must have had a bleeding heart on the jury panel.
(It took FIVE hours to come to the guilty verdict).

Matt Rourke / DMN
Sarah Foust reacts after hearing the jury's verdict.

JUAN GARCIA / DMN
Sarah Foust being escorted to jail in January.

Jennifer Sanchez

[MeekOneGOP]

Driver given 30 years for waitress' slaying

Excerpt:

Tim Powers, a Denton County defense lawyer, said he believes the jury found middle ground with the 30-year sentence. The punishment was probably a reflection of Ms. Foust's difficult home life balanced with the severity of the crime, he said.

"I think it's a pretty lenient sentence as far as murder cases go. ... She showed some remorse, but there's going to be some consequences for the action," he said.

Please let me know if you want ON or OFF my Sarah Foust murder trial ping list!. . .don't be shy.

[MeekOneGOP]

Sorry I didn't get this posted earlier, folks.
I was away from my computer most of the day yesterday.

[MeekOneGOP]

Here is a history of articles posted on this story:

FR Search for Keyword Bennigan's

07-18-2003
Foust guilty of murder in death of Irving waitress

07-18-2003
Murder case in hit-run death of waitress goes to jury -
driver: 'I never meant to hurt her'

07-16-2003
Jury hears taped conversation during hit-and-run murder trial

07-15-2003
Accused teen seeks plea bargain -
Bennigan's Irving hit and run murder trial begins

04-10-2003
Parents of slain waitress file suit -
restaurant denies that it urged pursuit of nonpaying customers

02-13-2003
Woman indicted in waitress's death
(Bennigan's Irving hit-and-run murder)

01-21-2003
Judge sets curfew for suspect in waitress killing
(Bennigan's Irving vehicular assault)

01-17-2003
Detective: Driver cursed at waitress -
murder suspect laughing before arrest; bail reduction denied

01-15-2003
Bennigan's may face sanctions over service -
re: Bennigan's Irving vehicular assault murder

01-10-2003
Driver seeks to talk with victim's kin -
seeks bail reduction (Bennigan's Irving waitress murder)

01-07-2003
Charges reduced in waitress death
(Update on Sanchez Case)

01-06-2003
Irving police seek 4th in death of waitress

01-05-2003
Driver, 18 YO woman, charged with murder
in Bennigan's Irving tab walkout vehicular assault

01-03-2003
Waitress hit by car dies - murdered by 4 customers
walking out on $100 Bennigan's tab in Irving

[Skywalk]

So people actually put stock into the "troubled homelife" bit? CHreebus!!

I thought that only applied when a criminal had a pattern of normal violent or sexual criminal activity. I've never heard it being used to justify such a callous act that really had nothing to do with "inner rage."
Not that I buy it then either, just saying such claims DID have a kind of internal logic.

And how could jurors look at the tape of them joking about it and not sentence her to the max?

The line that Jennifer Sanchez was not a sacrifice on the altar of Ms. Proust's learning experience was absolutely on target.

[YaYa123]

Swift justice, and once again, in Texas. It's a good thing.
Is anyone else no longer surprised that young women seem so capable of heartless cruelty?

[Skywalk]

Haven't they always been?

(and no I'm not ignoring the greater cruelty of men who rape and kill innocents)

[YaYa123]

Maybe it's a generational thing, but I don't remember a time before, when women and young girls were in the news, (in such numbers), for violence and murder. But maybe younger people don't remember a time when women weren't so criminally inclined. Even without taking into account the women accused of killing their babies, it sure seems to me as if women are proving quite capable of serious criminal behavior.

(Maybe I'm watching too much CourtTV?)

[Yeti]

but I don't remember a time before, when women and young girls were in the news, (in such numbers), for violence and murder.

Expect to see more of it, as a generation raised on the "guilt-free" ethos matures to the level where they can do some real harm, and as the veils "feminine mystique" that prevented society from judging feminine aggression and predation fall away.

I am not sure that much has changed beyond our perception. For example, 40 years ago, everyone might have felt sorry for this poor, confused girl who was traumatized by this horrible accident.

[JoeSixPack1]

40 years ago the courts had not yet accepted a traumatized childhood as an excuse for murder or vehicular homicide. She would have fried in 10, but now she's sent home after 15.

Her victim is still dead.

[Ronly Bonly Jones]

She became pregnant at 14 by an 18-year-old boyfriend who was later charged with statutory rape. >>

Note very carefully that nothing was said about her bearing the child. Note very carefully indeed.

[tiamat]

Ronly Bonly Jones wrote:

Note very carefully that nothing was said about her bearing the child. Note very carefully indeed.

*********************************************

Article refers to her as a "single mother". i think they are not making it a point to dwell on her child in order to protect the child.

I feel sorry for the poor little kid!

Tia

[Shooter 2.5]

I remember reading about crimes in Chicago during the 60's where they would pick up a couple for a crime and only the male was charged. The female was always let loose or given a drastically reduced charge.

I think the prosecuters were reluctant to charge women back then because a smart defense lawyer would drag out the old "under the influence" defense.

[MeekOneGOP]

I was thinking (hoping) they would give more time too !
Around 50 years like they did in the Chante Mallard case -
actually she got 50 for the murder, 10 for tampering with the evidence.

I suspect that there was a bleeding heart on the panel,
who reluctantly went along with the guilty verdict, but
held out in the punishment phase for less time in the pokey.

Just a hunch.

[MEGoody]

I'm actually surprised and pleased that the sentence was this long. I thought she'd get off a lot easier.

[MEGoody]

"and no I'm not ignoring the greater cruelty of men who rape and kill innocent"

Any woman who has had an abortion murdered an innocent.

Violent behavior is just part and parcel of women's 'equality.'

[Tolerance Sucks Rocks]

Is anyone else no longer surprised that young women seem so capable of heartless cruelty?

Why should anyone be? We all went through high school. :-)

[malachite141]

jennifer had a rough relationship and was well on her way to a great life with a new boyfriend and had enrolled in classes with her younger sister at college i was suppose to hang out and shop with her that day instead i came home to a friend that died in the hospital. 30 yrs isnt enough for her, maybe life sentence would be. she didnt have to go through everything (the days that led up to the funeral the pain and the burial). forgive? hell no thats gods job! forget? never..........

[MeekOneGOP]

bump!