A man accused in the Jan. 30 shooting death of his cousin was formally indicted Thursday by a Bowie County grand jury.
Randall "Roo" Lloyd Foster, 36, was also indicted for two counts of sexual assault of a child and two counts of indecency with a child by the grand jury in a case unrelated to the alleged murder. Foster is accused of killing Donald "Donnie" Hiram Smallwood moments after he answered a knock on his door
At around 7 p.m., Jan. 30 at the Texarkana Mobile Home Park on Terrace Plaza Street in the Liberty-Eylau area of Bowie County, according to a probable cause affidavit used to create the following account.
Smallwood's wife reportedly told investigators she heard her husband tell Foster to stop pointing a gun at him seconds before the first of several shots was fired.
The witness said Foster shot Smallwood in the side of his head after she asked him to let her hold the injured man. According to the affidavit, investigators noted at least two gunshots to Smallwood's back and one to his head. Smallwood died at the scene.
Foster was located the same day at a relative's home in Maud, Texas, where he allegedly surrendered to police at his father's urging.
A Ruger 9 mm pistol allegedly used in the shooting was placed on the ground before officers took Foster into custody. Foster allegedly confessed to shooting Smallwood during an interview following his arrest.
"He harbored resentment for Smallwood for introducing him to methamphetamine and suspected Smallwood had been seeing his wife while he (Foster) was incarcerated," the affidavit states.
Foster allegedly admitted to shooting Smallwood until he fell to the ground, confirmed that Smallwood's wife asked to hold him, and, "When pressed, he admitted that he shot Smallwood again as he was lying on the floor but hinted it was because Smallwood was suffering," the affidavit states.
Foster's indictment accusing him of two counts of sexual assault of a child and two counts of indecency with a child by contact stem from allegations that he sexually abused the friend of a child spending the night with a child who lives in Foster's home Dec. 2. The girl allegedly told officials she was sleeping on the living room sofa when Foster woke her and assaulted her, according to a probable cause affidavit.
First-degree murder is punishable by five to 99 years or life in prison. Foster's indictment includes a notice from the state that it intends to use a prior felony conviction as cause to increase the minimum punishment Foster faces from five to 15 years in the event he is found guilty of killing Smallwood.
Foster faces two to 20 years on each of the two counts of sexual assault of a child and on each of the two counts of indecency with a child by contact, if convicted. Foster's cases are assigned to 102nd District Judge Bobby Lockhart. Foster is scheduled to appear in court in early March. He is being held in the Bowie County jail. Bail is set at $1 million.