SUBMITTED — Attorney General Steve Marshall announced the Alabama Court of Criminal Appeals has upheld the murder convictions of Terry Wayne Poole and Heath Andre Foster. Poole, 57, of Wilmer, was convicted in Mobile County Circuit Court in April 2017 for the murder of Billy Ernest, and for discharging a firearm into an occupied vehicle. In a separate case, Foster, 22, of Mobile, was convicted in Mobile County Circuit Court in August 2017 for the murder of Darrius Rowser.
During Poole’s trial, the evidence indicated that Poole (pictured above, left) had been having disputes with Ernest, as well as other neighbors, about property lines and roadwork in the neighborhood. On Oct. 16, 2014, Poole shot Ernest in the back of the head with a shotgun as Ernest drove by with his two infant grandchildren in his vehicle.
During Foster’s trial, the evidence indicated that on Feb. 27, 2012, while Rowser was sitting in his vehicle at an intersection, Rowser was killed by more than one individual shooting into his vehicle. One of the murder weapons, a .38 caliber pistol, was later found by police on the person of Foster. Foster (pictured above, right) later admitted to a fellow inmate while in jail that he had committed the murder.
Mobile County District Attorney Ashely Rich’s Office prosecuted both cases.
Upon conviction, the trial court sentenced Poole to life imprisonment on his murder conviction and to 20 years’ imprisonment on the discharging-a-firearm-into-an-occupied-vehicle conviction. Separately, the trial court sentenced Foster to 25 years’ imprisonment on his murder conviction. Each defendant appealed his conviction and sentence.
The Attorney General’s Appeals Division handled both cases during the appeals process, arguing for the Alabama Court of Criminal Appeals to affirm the convictions. The Court did so in decisions issued on Friday, May 25th.
Attorney General Marshall commended Assistant Attorneys General Cecil Brendle and Tommy Leverette of the Attorney General’s Criminal Appeals Section for their successful work in these cases.
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