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BACKGROUND

On May 21, 2010, Sharon Johnson went to pick up some personal belongings at a home she had recently shared with her ex-boyfriend, defendant Foster. Johnson’s friend, Lynette Simpson, drove Johnson to the home. Foster no longer lived there either. He had moved to a new residence with another girlfriend. Simpson and Johnson were sitting in Simpson’s car, getting ready to leave Johnson and Foster’s former residence, when Foster approached Simpson’s car. He had been a passenger in a car which had pulled up and stopped directly behind Simpson’s car. Foster reached into the car through the front passenger side window and took Simpson’s car keys out of the ignition. Simpson, who was sitting in the driver seat, grabbed the keys back from Foster. As Simpson started to get out of the car, Foster pointed a small silver handgun between Simpson’s and Johnson’s faces. Johnson was sitting in the front passenger seat of Simpson’s car. The gun was about two to three inches away from Simpson’s face. Foster told Simpson if she wanted to live she should not move “because he was prepared to die.” Johnson started screaming and crying and pleading with Simpson that she should listen to…