Governor Rick Perry says he'll spare Kenneth Foster from execution tonight and commute his sentence to life in prison.
In doing so, Perry accepts a recommendation from the Texas Board of Pardons and Paroles, which voted 6-1 today to urge the commutation.
Foster was condemned for being the getaway driver in the 1996 attempted robbery and murder of Michael LaHood in San Antonio.
Perry said he believes "the right and just decision is to commute Foster's sentence from the death penalty to life imprisonment."
Records show one of Foster's passenger, Mauriceo Brown, demanded LaHood's wallet and car keys -- then opened fire when the victim couldn't produce them.
Foster was tried with Brown and both were sent to death row. Brown was executed earlier.
In his statement, Perry said he's "concerned about Texas law that allowed capital murder defendants to be tried simultaneously." He thinks the Legislature should examine that issue.
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