Second man appears in court in connection to shooting near The Hawk

Friday, April 10, 2009

Contributed by Douglas County Sheriff's Department

Derek Foster, 24, of Stillwell, appeared in court Friday on three charges of aggravated battery. Foster was allegedly the driver in the drive-by shooting that happened near The Hawk just before 2 a.m. March 26.

A second Johnson County man appeared in court today charged with three counts of aggravated battery in connection with a drive-by shooting near The Hawk that injured two KU students and one University of Chicago student March 26.

Derek Foster, 24, of Stillwell, was arrested after Lawrence Police issued a warrant Thursday afternoon for aggravated battery and assisting a felon. Foster’s bond was set at $125,000, which the judge upheld in the appearance today. Foster asked that it be lowered because he was a full-time student and also needed to assist in caring for his father.

Contributed photo

Joseph A. Muhammad, 22, of Overland Park, was charged on March 26 with three counts of aggravated battery in relation to the shooting near 14th and Ohio streets that injured two KU students and one University of Chicago student. Muhammad was already on probation in Johnson County at the time of the shooting.

Prosecutors said Foster was responsible for the shooting near 14th and Ohio streets because he “aided, abetted, advised or counseled” Joseph A. Muhammad, 22, of Overland Park. Foster was allegedly the driver in the drive-by shooting.

Muhammad was arrested in connection with the shooting March 26 in Johnson County. He also appeared in court today for a pre-scheduled preliminary hearing. At that hearing, Judge Michael Malone granted a motion by the state to postpone the hearing until 2:30 p.m. April 24.

Matt Lett, Salina senior, Alex Thies, Shawnee sophomore and Justin Lucas, 21, University of Chicago student, were injured in the shooting.

Foster’s next appearance will be 2 p.m. April 15. Both Muhammad and Foster remain in custody at the Douglas County Jail.

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