Office of the Attorney General News Release Archive

Monday, May 6, 2002

MEDIA ADVISORY

Brian Edward Davis Scheduled to be Executed

AUSTIN - Texas Attorney General John Cornyn offers the following information on Brian Edward Davis, who is scheduled to be executed after 6 p.m. on Tuesday, May 7, 2002.

On June 16, 1992, Brian Edward Davis was sentenced to die for the capital murder of Michael Alan Foster, which occurred in Harris County, Texas, on Aug. 11, 1991. A summary of the evidence presented at trial follows.

FACTS OF THE CRIME

On Aug. 10, 1991, Brian Edward Davis and his wife, Tina McDonald attended a live band performance at the "Pik 'N Pak" ice house, a Houston area establishment that sponsored live rock bands on weekends. There, they met 31-year-old Michael Foster, a slightly retarded regular of the club. At closing time, the owner observed Foster leave with Davis and McDonald in a brown Camaro with Davis driving.

On Aug. 13, 1991 a neighbor and co-worker discovered Foster's body in his apartment. Foster had 11 stab wounds to his neck, chest, abdomen, and back. Foster also had a broken nose, contusions and cuts, and a swastika with the letters "NSSH" written on his abdomen in ink. A swastika with the letters "NSSH" was also found scrawled on Foster's living room wall along with the words "skin head." Physical evidence at the crime scene indicated use of force.

Evidence at trial indicated that Davis and McDonald went with Foster to his apartment, where Davis demanded money, punched Foster in the face and stabbed him.

A dagger and Foster's favorite black leather motorcycle jacket with a broken zipper were reported missing from the apartment. Promotional flyers for live band performances found at the scene led police to the ice house where the authorities obtained a description of Davis and McDonald. Specifically, the owner described a white male with shoulder length hair and a swastika tattoo and a red-headed very thin woman. A local member of a skinhead organization supplied Tina McDonald's name based on the physical description and explained that "NSSH" stood for "National Socialist Skin Heads," a Houston-based neo-Nazi group.

On Aug. 17, 1991, Harris County police arrested Brian Davis and Tina McDonald on an attempted murder charge arising from a similar incident in which Davis and McDonald went with a man to a motel where Davis tried to rob the man. Davis stabbed the man repeatedly before being interrupted by motel staff.

At the time of his arrest, Davis was in possession of the missing dagger. Following the arrest, McDonald instructed a friend to remove personal items from her Camaro and sell the car. Later, the friend showed police the items he removed from the car. The items included identification cards for Davis and McDonald, the missing black leather motorcycle jacket, and a knife with a broken tip, later proved to be the murder weapon. The owner of the ice house later identified Davis and McDonald from separate photo arrays.

While in custody, Davis confessed in detail to the crime. The confession was videotaped and played to the jury.

PROCEDURAL HISTORY

January 7, 1992 - Davis was indicted for the capital murder of Michael Alan Foster.

June 11, 1992 - A jury found Davis guilty of capital murder.

June 16, 1992 - Davis was sentenced to death in accordance with state law.

January 7, 1998 - The Court of Criminal Appeals affirmed Davis' conviction and sentence on direct appeal.

March 10, 1999 - The Court of Criminal Appeals denied habeas corpus relief.

March 9, 2000 - Davis filed a successive state habeas application, which was dismissed on Sept. 13, 2000 as an abuse of the writ.

March 9, 2000 - Davis filed a federal petition for writ of habeas corpus in the United States District Court for the Southern District of Texas.

Sept. 30, 2001 - The District Court dismissed the petition as being procedurally barred.

Nov. 1, 2001 - The deadline to file a notice of appeal in the Fifth Circuit expired.

Feb. 4, 2002 - A death sentence was issued; date of execution set for May 7, 2002 after 6:00 p.m.

April 15, 2002 - A successive application for writ of habeas corpus was filed in state court.

April 29, 2002 - The Court of Criminal Appeals dismisses the application as an abuse of the writ.

CRIMINAL HISTORY

Davis has a lengthy documented criminal history:

  • October 28, 1986 - Davis was placed on probation in Tarrant County for delivery of marijuana.
  • September 9, 1988 - Davis violated the terms of his probation by failing to report. His probation was revoked and he was sentenced to six years in the penitentiary.
  • February 1989 - Davis was released to a pre-release community-based correctional facility, but two weeks later Davis was terminated from the program for failing to return.
  • July 1990 - Davis was paroled.
  • August 5, 1990 - Davis and co-actor accompanied Douglas Carnes to Carnes' residence for conversation and sex. Carnes paid Davis and co-actor. Davis then began hitting Carnes in the face with his fists. Davis took Carnes' money and other property from the residence.
  • July 1991 - Davis beat his wife, Tina McDonald, causing bleeding from her ears and nose, a split mouth, and bruising on her side, arms and legs. Charges against Davis were dismissed because Tina McDonald failed to appear to testify.
  • August 11, 1991 - Michael Alan Foster is murdered.
  • August 16, 1991 - Approximately one week after Michael Foster's murder, Steven Sherman met Davis and McDonald in a Houston bar. Sherman offered to help get them a motel room. Sherman picked up a young man and some cocaine and they all went to the motel. Sherman and the young man stayed in the room first, shooting up the drug. Davis and McDonald returned and Davis shouted wanting drugs and money. He hit Sherman in the face and tied him up. After rummaging through the room, Davis repeatedly stabbed Sherman in the throat, chest, abdomen, and back. A motel employee who heard screaming, banged on the door and threatened to call the police. Sherman managed to escape and the employee was able to write down the number of the Camaro as McDonald and Davis drove away. Davis and McDonald were arrested shortly thereafter.

MISCELLANEOUS

For additional information and statistics, please log on the Texas Department of Criminal Justice website, www.tdcj.state.tx.us.

- 30 -


Go to Top