Two men sentenced for brutal beating that left a Lexington man dead
Two men convicted in the death of a 57-year-old Lexington man in 2019 were sentenced to prison Monday morning.
Anthony Asay, 20, was sentenced to 30 years in prison and Dillon Stewart, 22, was sentenced to 10 years in prison after one was found guilty of murder and the other guilty of complicity to manslaughter in February.
Asay received 25 years for murder and five years for evidence tampering. A one-year sentence for abuse of a corpse was imposed but will run at the same time as his other sentences, Judge Thomas Travis ruled Monday.
Asay and Stewart were both on trial for murder charges in the death of Don Foster. The jury found Stewart guilty of lesser charges: complicity to manslaughter and tampering with physical evidence.
Stewart was sentenced to 10 years in prison.
Both men had originally been charged with murder, abusing a corpse and evidence tampering in 2020 after they were accused of attacking Foster in their apartment on Augusta Drive, destroying evidence connected to the crime and disposing of Foster’s body in a remote area of Washington County.
Both men were credited for 1,195 days already incarcerated, which will be applied to their sentence.
Defendants apologize to family of victim
Stewart stood in court Monday and spoke to the family, saying he hoped they could forgive him.
“I want to tell you that I am sorry for what happened to (Foster), he said. “Unfortunately, I don’t think Anthony is sorry but I am and I always will be.”
“If you ever need anything you know where I am at,” Stewart said. “I am sorry.”
Asay also addressed the family in court and apologized for his part in Foster’s death.
“I apologize for my part in causing a disruption in your family,” Asay said. “I am not asking for forgiveness but I have made poor decisions in my life and I am very sorry for them.”
Victim’s family: Brutality was too much to overcome
Testimony during trial revealed there were nearly 70 injuries to Foster’s body, which family members said was hard to wrap their head around — and hard to forgive.
“I understand you are sorry but it is hard to accept especially because of the brutality of what happened,” said Sheryl Anderson, Foster’s former partner. “He was in a bad place at that time in his life and I understand he was having issues, but he didn’t deserve that. I liken what you all did to be doing tortured.
“To hear he had over 70 injuries on his body and what it would take for someone to do that to another person, I can’t wrap my head around that.”
Foster was said to have been brutalized with a yellow safety bollard, which a witness said during court testimony “was where his face was supposed to be.”
“Anytime we are going to Walmart, we have to see that yellow pole, and we will for the rest of our lives,” said Foster’s sister, Serina Wells. “Anytime we have to see any of the things you used — that will stay with us for the rest of our life.”
The family requested maximum sentences be imposed against both men.
Defendants argued against each other during trial
Throughout the trial, defense teams for both Asay and Stewart attempted to shift the blame onto the other. A large question posed during proceedings was who was in the room when Foster was attacked.
Stewart testified against Asay during the trial, and said he was not a part of the killing itself, but did admit to helping move the body and destroy evidence.
“I didn’t see how Foster died, but I saw the aftermath when Asay showed me and Haley (Wagner) what happened,” Stewart said. “(Asay) told us, ‘Don’t say anything,’ and ‘If you say anything that is what you are going to look like.’”
Stewart’s former girlfriend testified against him and Asay. She said they were both in the room at the time of the incident. However, when she first reported Foster’s murder to police, she said her former boyfriend was not in the room.
“(What I said) was different because I tried to protect Dillon,” she said in previous testimony. “I thought I was in love.”
She said she saw both men go into a room with Foster and then saw the aftermath when they told her to “come and see.” She was 16 at the time of the incident and after telling her family what happened, went with them to the police.
She recounted to the court what she saw after Foster died, the cleanup and the work to move Foster’s body to another area — all of which she was present for. She said she rode along to move the body because she was scared for her life after witnessing two grown men kill another.