A three-time felon who was freed on parole four days before he sexually assaulted a 17-year-old Waco girl was sentenced to three life prison terms and fined $30,000 Thursday.
Jurors in Waco’s 54th State District Court deliberated about 30 minutes before convicting Kodell Valentino Foster, 37, of three counts of sexual assault in a December 2014 incident in the 3100 block of Morrow Avenue.
The jury deliberated about 45 minutes before deciding Foster deserved maximum sentences on all three counts, which Foster will serve concurrently.
Foster, who was on parole when he sexually assaulted the girl, must serve at least 30 years in prison before he can seek parole.
Because of his prior convictions, Foster’s sentencing range was enhanced to five to 99 years or life in prison, up from the normal range of two to 20 years in prison.
Prosecutors Hilary LaBorde and Sydney Tuggle told jurors in summations that Foster is a violent sexual predator who deserves to spend the rest of his life in prison.
“He is an animal with no regard for basic human decency,” Tuggle said.
The girl, who is now 20 and married with children, testified that she was at her sister’s home and they got into a quarrel. She started walking to a friend’s house when Foster pulled up in his car and offered her a ride.
The girl declined, but Foster circled the block and came back. She could still hear her sister yelling at her, so she said she got into the car and asked him to drive her to her friend’s house. She said she had taken a sleeping medication and was groggy.
She said Foster purposely drove her around for a time in an attempt to disorient her before taking her to his home on Morrow. At the home, he pulled her into his bedroom and sexually assaulted her, she said.
She said Foster told her she deserved it and to relax because she was in for a long night.
After the assault, he drove her to an area near her friend’s house, where the girl asked to be let out because she recognized where she was. She reported the assault to her friend and her friend’s mother.
Foster denied the accusations. He said the girl was walking in front of his home and asked to come inside. He declined and then she asked for a ride. He said he also declined to give her a ride.
Foster said she told him about the fight she had with her sister, and he said he kissed the bruises and abrasions on her neck and chest in an effort to explain to the jury how his DNA was detected there. Foster had no explanation for how his DNA also was detected on the girl’s breast.
LaBorde called Foster’s version of events “a ridiculous fairy tale,” and asked the jury how the girl could give details about the inside of his home, the color of the sheets on his bed and how she knew children lived there.
“He was on parole when he did this,” LaBorde said. “He will be a sexual deviant until he is dead. He is a drug-dealing, gun-toting, violent rapist.”
Foster’s attorney, Brian Pollard, asked the jury for 10-year sentences on the three counts, saying it is likely Foster’s federal parole will be revoked and he could be facing up to 20 years in prison for that.
Foster has two state felony convictions for possession of a controlled substance and a federal felony conviction for possession with intent to distribute cocaine in 2007, for which he was sentenced to 108 months in prison followed by 72 months of supervised release.