A Possible Change to Capital Punishment Law

The governor has commuted the man's sentence to life behind bars, and the decision could impact the way District Attorneys across Texas handle some capital murder cases.

Kenneth Foster was convicted of capital murder in the killing of 25 year-old Michael La-Hood 11 years ago in San Antonio.

Foster was the getaway driver and not the shooter.

Foster has always admitted he was an accomplice in several robberies that night, but had no idea his passenger Mauriceo Bown would shoot and kill La-Hood.

Both men were charged with capital murder and tried at the same time. They both were sentenced to death.

Brown was executed 13 months ago. Foster was scheduled to die this evening.

Hours before his execution, for the first time in eight years, Gov, Perry stopped the execution and commuted Foster's death sentence to life behind bars.

Gov. Perry says he agreed with the parole board which also recommended commutation. Perry said he was concerned about the state law that allows capital murder defendants to be tried simultaneously and says he is encouraging the legislature to take a look at changing the law.

A law that both Defense Attorney Doug Barlow and Assistant Criminal District Attorney for Jefferson County Ramon Rodriguez agree should be looked at.

Rodriguez says the only time he would seek the death penalty against a non shooter would be in a murder for hire case or if the person planned the killing.