Nephew links ex-officer to drugs
Plea agreement says he, uncle purchased marijuana to sell it
A nephew of Fresno’s former deputy police chief Keith Foster has pleaded guilty in federal court to conspiracy to distribute and/or possess with intent to distribute marijuana.
Denny Foster’s plea agreement says he and his uncle purchased marijuana with the intent to sell it and make money.
“Keith Foster paid defendant to acquire and distribute marijuana on Keith Foster’s behalf,” the agreement says. Denny Foster used “Keith Foster’s money to purchase marijuana, sell it, and provide the profit from the drug sales to Keith Foster.”
Under the plea agreement, Denny Foster faces up to 57 months, or nearly five years, in prison when he is sentenced in U.S. District Court on July 10. In exchange for the plea, prosecutors dismissed 10 other felony charges against him.
Judge Anthony Ishii has the authority to reject Foster’s plea deal with the U.S. Attorney’s Office. But if Ishii accepts the plea deal, Foster will waive his right to appeal and contest his sentence, the plea agreement says.
Until the July 10 hearing, Ishii has allowed the defendant to remain out of custody on pretrial release conditions.
A federal indictment unsealed in April 2015 charged Keith Foster, the former No. 2 man behind Police Chief Jerry Dyer, with participating in three separate conspiracies to distribute different controlled substances.
In a criminal complaint, Keith Foster is charged with conspiring with co-defendant Randy Flowers to distribute oxycodone, a prescription painkiller that is addictive. He also is charged along with Rafael Guzman Jr. with conspiring to distribute heroin. In a third alleged conspiracy, Keith Foster is charged with conspiring with Ricky Reynolds, Jennifer Donabedian, Sarah Ybarra and Denny Foster to distribute marijuana. Flowers also is Keith Foster’s nephew.
Last month, Donabedian, who is Denny Foster’s girlfriend, was sentenced to a year of probation and 100 hours of community service for her role in the criminal enterprise. In September, Donabedian pleaded guilty to a felony charge that says she knew Denny Foster was a major marijuana dealer, assisted in his illegal operation, and failed to tell authorities about it.
Denny Foster’s plea deal, which he signed in October and made public this month, says he conspired with at least one other person with the intent to distribute about 286 pounds of pot. He also “maintained a premise for the purpose of manufacturing or distributing” the controlled substance.