During an Aug. 31 hearing, a 40-year old defendant pleaded guilty to second-degree murder while armed.
Brian Foster was initially charged with first-degree murder for the murder of 43-year-old Anthony Mitchell on the 3700 block of First Street, SE. On Aug. 18, 2021, at approximately 11:54 a.m., Foster, Mitchell, and three witnesses were driving together in Mitchell’s green Pontiac Grand-Prix to identify a noise coming from his car, according to court documents.
They later returned to their initial location and began smoking marijuana and PCP, a hallucinogenic drug, documents state. Later, around 12:58 p.m., Foster acquired a firearm and walked back to the victim’s parked car. Foster then shot Mitchell twice through his car door, one bullet entering the left side of the face, and one entering the victim’s back and hitting a lung.
During the hearing, Foster initially expressed confusion about the DNA testing waiver, assuming his defense attorney, Nikki Lotze, would retain the right to conduct an independent DNA test after pleading guilty.
DC Superior Court Judge Rainey Brandt explained that the waiver includes any and all DNA testing.
Judge Brandt restated the plea agreement to ensure the defendant was aware of all rights being waived. She then asked if Foster still wished to plead guilty, to which Foster replied “Yes.”
Both parties settled on a sentence of 14 years in prison. Foster will also be required to register as a gun offender.
Judge Brandt scheduled Foster to be sentenced on Oct. 29.
