Critics allege that an ex-convict vagabond accused of hitting a lady at a Queens subway station.
He had been jailed for breaking his parole weeks before the videotaped assault. He is only to be released as a result of a state “reform” sponsored by Governor Hochul.
But instead of being detained for parole breach, as his parole officer desired, court released the career criminal.
He had also murdered his grandmother when he was 14 years old.
The action was allowed by the state’s new “Less is More” law, which Hochul signed into law in 2021.
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This law took away parole officers’ ability to put dangerous prisoners back in jail themselves.
Less is More
The statute provides alleged parole violators with increased levels of due process in an effort to keep people with minor technical breaches out of prison.
Critics assert that this is also leading to the release of allegedly dangerous individuals who were previously incarcerated.
Foster was released on September 9 for parole violation, and he reportedly randomly assaulted the woman on the subway a few weeks later.
A New York City police officer told East County Gazette that if Foster hadn’t been released, the assault victim wouldn’t be concerned about losing vision in her right eye.
“The governor must reconsider her instructions allowing parolees to freely roam the streets and attack the defenceless,” the officer stated. “This is far worse than the bail reform legislation,”
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Foster has a long list of crimes on his record, such as attacking a woman with a screwdriver and killing his grandmother when he was a young teenager in 1995.
Assault Offence in Queens
He was on parole until November 1, 2024, having been freed from jail last year after serving a 12-year term for the assault offence in Queens.
On August 21, he was arrested for misdemeanour counts of criminal possession of stolen items and petit larceny while on post-release supervision.
According to authorities, Foster was arraigned and freed, then arrested the same day for criminal mischief, for which no charges were filed.
Even though both arrests could have been violations of his parole, he was let go until his court date.
After that, on August 23 and September 6, he didn’t show up for parole. After not being able to find or get in touch with him, the state Department of Corrections and Community Supervision put out a warrant for his arrest.
Foster was detained on the absconder warrant on September 8, but Judge David Lewis freed him the next day on his own recognisance.
A department representative told The Post that the suspect was released despite concerns from the DCCS that he should not be released during the parole revocation procedure.
Release on Non-Monetary Conditions
“A recognizance-hearing court may order a releasee to be detained pending a revocation hearing only if the releasee currently presents a substantial risk of willfully failing to appear at the preliminary or final revocation hearings.
Non-monetary conditions will not reasonably ensure the releasee’s appearance at the preliminary or final revocation hearings.”
“Therefore, the judge must release the releasee on the least restrictive non-monetary conditions. That would reasonably ensure the releasee’s attendance at future preliminary or revocation hearings. Also bail cannot be imposed.”
Foster skipped his preliminary parole revocation hearing. It was set for September 16.
Police and video of the fight say that Foster threw 33-year-old Gomes against a wall. Then attacked him with punches and kicks. He also chased away a good Samaritan who tried to help.
Gomes, who was on her way to work at JFK, previously told The Post that she heard Foster shouting about the devil.
“A whole lot of crap you don’t want to hear at 5 a.m.” before he reportedly attacked her and severely injured her right eye.
The DOCCS representative said Foster is still being detained at Rikers Island. His recognisance hearing was postponed at his attorney’s request.
