He wasn't part of the fight at all -- just someone who happened to be running for his life when the gun went off.
The Murder
On March 31, 2020, a fight broke out at a gas station on Houston's southwest side. According to prosecutors, after one man was knocked unconscious in the altercation, Xavier Jerome McConico drew a gun. Earl Anthony-Blair Foster, 27, who had not been involved in the fight, ran into the parking lot; McConico fired three shots, one of which struck Foster in the back of the head. Foster died at the scene, and McConico fled.
Foster's Background
Foster had played football at the University of Houston from 2011 to 2015, including as a senior safety on the 12-1 team that upset Florida State in the Peach Bowl, appearing in all 14 games that season. He earned a degree in sociology.
Arrest and Trial
Police identified McConico using surveillance footage and obtained a warrant for his arrest; he admitted to the shooting when questioned. Following a nine-day trial, a jury deliberated for 45 minutes before returning a guilty verdict. A judge sentenced him to life in prison.
A Separate Case
Two months before killing Foster, McConico was accused of killing 16-year-old Undre Thomas during a separate altercation at a Houston apartment complex, after Thomas was reportedly caught in crossfire intended for someone else. McConico was charged with Thomas's murder roughly four months after that shooting, while he was already in custody. Once his life sentence in the Foster case was secured, prosecutors dismissed the charges related to Thomas's death, and the allegations in that case were never proven at trial.
A Documented History
Court documents describe McConico as a documented member of the Go Getta Money Team gang with several prior convictions. Assistant District Attorney Sarah Neyland said his decision to shoot Foster in the back of the head as he fled warranted the life sentence.
FAQ
What sentence did Xavier McConico receive?
Life in prison, following his conviction for Earl Anthony-Blair Foster's murder.
Was Foster involved in the fight that led to his death?
No. He was not involved in the altercation and was running away when he was shot.
What happened with the separate charge involving Undre Thomas?
That case was dismissed by prosecutors once McConico's life sentence in the Foster case was secured; the allegations were never proven at trial.