5-12 Waydell Foster.jpg

Waydell Foster

A request to lower the bond of a man accused of drugged driving and causing the death of his passenger was denied Thursday in Madison Circuit Court.

Richmond police say Waydell Foster Jr., 26, of Combs Ferry Road, ran a red light Feb. 17 at the Eastern Bypass and Lancaster Avenue intersection and collided with another vehicle. His passenger, Nicholas King, 33, of Richmond, died two days later at a Lexington hospital from blunt force head trauma, according to the Fayette County Coroner’s Office.

Foster and the driver of the vehicle he collided with were not injured, according to Richmond police.

Foster pleaded not guilty at his Thursday arraignment to charges of second-degree manslaughter, first-degree wanton endangerment, operating a motor vehicle under the influence of drugs or alcohol and disregarding a traffic control device.

Foster originally was charged with first-degree assault, but after King’s death it was amended to the less serious charge of second-degree manslaughter.

First-degree assault is a Class B felony punishable by 10 to 20 years in prison, while second-degree manslaughter is a Class C felony with a sentence range of five to 10 years in prison.

Foster’s public advocate, Meena Mohanty, asked Madison Circuit Judge Jean C. Logue to consider lowering Foster’s bond.

He is currently in the Madison County Detention Center under a $50,000 bond.

Mohanty requested a $50,000 bond at 10 percent, meaning Foster could get out of jail with a bond posting of $5,000 cash. Mohanty said Foster was willing to undergo monitored-conditional release with random drug testing.

Logue noted that Foster was out on bond when the accident occurred.

Foster had been free on a $2,500 unsecured bond after being charged Sept. 2 with aggravated driving under the influence of alcohol or drugs, first-degree possession of a controlled substance (second offense) and third-degree possession of a controlled substance. That case is still pending in Madison District Court.

Logue expressed doubt that Foster could follow the conditions of release.

“He will, I think, present a danger to the community,” Logue said. She declined to lower Foster’s bond.

Foster is next scheduled to appear in circuit court June 21 for a pretrial conference.

Sarah Hogsed can be reached at shogsed@richmondregister.com or 624-6694.

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