Accused of killing friend, roommate; Foster takes plea deal

TAMPA (FOX 13) - Hillsborough prosecutors say Charles Foster used a hatchet to kill his best friend, Josh Deas, and his roommate, Ken Simmons.

They say after the murders he used Simmons' car and headed to a pawn shop to sell items he had stolen from his victims.

Physical evidence and finger prints led detectives right to Foster.

Foster's father, James Foster had a hard time believing the accusations.

"[He has] never been violent, never, and I'm just not buying the fact that he did that to his best friend," said the elder Foster.

Foster's attorney, Michael Peacock announced in court Wednesday he will plead guilty to two counts of murder in exchange for skipping death row.

Foster tried to plead guilty last year when Florida's death penalty laws were in limbo.

The U.S. Supreme Court had just ruled Florida's death penalty procedures were unconstitional and the legislature was working on a fix. But for months, the state went without a death penalty, and inmates like Foster hoped to take advantage.

"He has a desire to plead guilty to all four charges with the understanding that the court can only impose a sentence of life in prison," explained Peacock.

But prosecutors appealed the legal move and the case was put on hold for months. Lawmakers have since made changes and the death penalty is now in play. But not for Foster, who will spend the rest of his life behind bars.

Foster's formal sentencing will be next week. The families of his victims are expected to he there and give emotional testimony.