In 1997, Foster was driving a car with passengers. At a stop, one passenger got out, walked 100 yards away, and had an altercation with someone that involved in the passenger shooting and killing that person.
The passenger was executed last year. Before his executon, he admitted the murder had been unplanned. At Foster's trial, the jury was never asked to consider whether Foster had intent to kill.
But in Texas, the law makes NO DISTINCTION between the primary actor in a crime and an accomplice ("law of parties"). Foster, who was nowhere near the crime and had no prior knowledge that it was even going to happen, is going to be executed for murder in three weeks.
"Texas is the only state that applies this statute in capital cases, making it the only place in the United States where a person can be factually innocent of murder and still face the death penalty."
Please, please read this brief article here.
This isn't the sort of thing I usually post, but please read the article and consider writing a letter or two to the Texas legislature. Whether or not you support capital punishment, this is not a practical application of it by any rational stretch of the imagination.