A Rogers County district judge called the murder of a man and burning of his body “planned, calculated and cold.”
On Thursday the judge sentenced 33-year-old Kevin Foster to life without parole, plus dozens of additional years for killing his step-dad, 60-year-old Ricky Swan.
Rogers County prosecutors said Foster shot Swan in the back, set him on fire in his RV in the Claremore area and recorded it in November 2018. Earlier that year, Swan had recorded a video, saying he was worried about his safety.
A year later, a jury found Foster guilty of six charges, including murder, arson, and desecration. Two charges were dismissed. During his sentencing hearing, Foster told the judge he’s “not an evil monster.”
“Had he not tried to kill me that day, I would not be here,” said Foster. “I deserve prison, but I don’t deserve to spend the rest of my life in prison.”
Foster’s attorney, Jenny Proehl-Day, said her client snapped in self-defense.
“We’re talking about somebody who has a master’s degree, worked in banking, was married, with no history,” said Day.
Foster’s grandfather and friends testified that when Foster’s mother died by suicide, that caused him to act out of character. The victim’s brother shared with the judge only these words:
“I thought a lot about how much Rick is missed, but I thought that would only bring pleasure to Kevin. I’m here to make sure he’s punished.”
The judge sentenced Foster to life without parole plus 52 years and nine months. The sentence is ordered to be served consecutively. District Attorney Matt Ballard told News On 6 the judge’s sentence is what the jury and victim’s family wanted.
“That this defendant set a body on fire to absolutely have no remorse and to continue to blame the victim is just unusual,” said Ballard. “You don’t usually see that.”
Foster’s attorney said when filed to appeal the sentence the same day it was handed down.
News On 6 asked Foster for his reaction to the sentence and whether he had remorse. He did not respond.