Hayes guilty; gets life without parole

Gary Lamont Hayes II was found guilty of first-degree murder by a Craven County jury Wednesday.

Hayes had been charged in the shooting death of Odell Foster Jr., 29, of Harlowe.

Walter Paramore III, who defended Hayes, appealed the ruling to the State Court of Appeals. Hayes was denied bail while the case is on appeal.

Hayes, 26, showed no outward emotion as the court’s clerk read the verdict. His mother and sister from northern California openly wept. Tears ran down many faces of the Foster family, which was in the courtroom.

The scene was the end to nearly two weeks of testimony and two days of jury deliberation. Jurors were said to have spoken loudly, and then become quiet, and even had moments to laugh during the process.

Testimony confirmed Hayes fired at Foster three times with a .12-gauge pump action shotgun outside the Bayside Restaurant in Havelock on April 26, 2008. Hayes testified that he saw Foster reach in his jeans waistband for a gun. Hayes said he feared for his life, he was drunk and the shooting was in self-defense.

Senior Resident Superior Court Judge Ben Alford said before sentencing Hayes, “Twenty-five people testified and only one person testified that he saw a gun.”

Hayes will spend the rest of his life in prison with no chance of parole. Hayes was denied work release.

Foster’s sister, Colette Al-Qaadire, said after the verdict that the process was long and drawn out.

“In the end no one wins,” Al-Qaadire said. “Two sons are gone. God has taken care of it; however, it will never be over. This trial sends a message to the public that black on black crime is not OK and it was taken seriously.”

She said the District Attorney’s Office did an outstanding job.

“Hayes has to remember for the rest of his life what he did,” she said.

Foster family members and Hayes family members sat on opposite sides of the courtroom. After the verdict was delivered, the Hayes family embraced members of the Foster family, each wishing each side good luck.

“We are very pleased that the jury returned a verdict of guilty of first degree murder,” said prosecuting District Attorney Scott Thomas. “The jury listened carefully to the evidence and analyzed it thoroughly. The defendant not only murdered the victim, he placed others in harm that were at Bayside at the time of the shooting.

“A first-degree murder conviction and life sentence without parole is appropriate based on the defendant’s conduct. Investigator Chris Morning and the Havelock Police Department did a great job investigating this case and helping us prepare for trial. I hope this verdict will bring some level of closure for the victim’s family as they move forward.”

Francine Sawyer can be reached at 252-635-5671 or at fsawyer@freedomenc.com.