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Houston man gets life sentence for killing stranger in Independence Heights, having shootout with police

Andra Foster, 46 (Harris County DA Kim Ogg's Office)

HOUSTON – A Houston man was sentenced to life in prison Thursday after he was convicted of murdering a stranger in Independence Heights in 2021, Harris County District Attorney Kim Ogg announced.

Andra Foster, 46, fatally shot 28-year-old Guadalupe Martinez near a convenience store in the 8400 block of North Main at about 2 p.m. on Jan. 25.

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Witnesses said Foster, who was dressed in blue overalls and a yellow shirt, left his mother’s home near North Main waving a pistol as he walked down the street. Investigators said he confronted Martinez, who was the driver in a stopped car, and Martinez’s passenger, who were both strangers, near a convenience store.

According to investigators, Foster was shouting at the two men in the car and pointed the gun at them. After the passenger opened his door to get away from the scene, Foster reportedly walked to the open passenger side door and fired at least once, hitting Martinez in the side. Foster then chased the passenger into the convenience store, where he was seen on surveillance video brandishing the firearm. He left a few minutes later and headed back to the neighborhood to his mother’s home.

Ogg said Houston Fire Department paramedics who responded to the scene could not immediately attend to Martinez because Foster was still in the area, waving his gun around. Martinez was eventually taken to the hospital, where he was pronounced dead.

“This is tragic not just for the family who lost a loved one, but for the entire community that he threatened,” Ogg said. “This man put so many people in danger, including first responders, that the appropriate result is that he spends the rest of his life in prison.”

Officers with the Houston Police Department also responded to the scene and found Foster in the front yard of his mother’s home minutes after the shooting. When the officer demanded Foster drop his gun, investigators said he pointed the weapon at the officer and began a shootout with police. Foster was hit at least once but did not put down his gun. Instead, police said Foster ran behind the house. When officers followed, he fired more shots at them. The police officer again shouted commands at Foster to put down his weapon. He continued to point his gun at authorities and the same police officer shot him again. One of the bullets struck Foster’s arm, finally causing him to drop his firearm.

Police were then able to take Foster into custody and performed first aid. He was taken to the hospital and survived his wounds.

During his trial, Foster testified that he would not have put down his gun if he had not been shot. He did not give a reason for the rampage.

The shooting involving officers was investigated by the HPD Special Investigations Unit, the Internal Affairs Division and the district attorney’s office. The HPD officer was cleared of any wrongdoing.

Assistant District Attorney Heather Axline, who is a chief in the DA’s trial bureau, and ADA Tyler Arner, prosecuted the four-day trial.

“This man was hunting human beings in broad daylight on a Monday afternoon as he walked down North Main,” Axline said. “This is the kind of murder and police shootout that they make horror films about – he terrorized everyone in this community.”

State District Judge Robert Johnson determined the punishment and sentenced Foster to the maximum sentence of life in prison. He must serve at least 30 years before he will be eligible for parole.


About the Author

Prairie View A&M University graduate with a master’s degree in Digital Media Studies from Sam Houston State. Delta woman. Proud aunt. Lover of the color purple. 💜

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