Gary Lee Foreshee Story
This letter and accompanying attachments are being forwarded to assist you in ferreting out the inconsistencies of Gary Foreshee’s trial and surrounding circumstances that seem prejudicial and overbearing. Particularly the 21year sentence handed down by the judge.
The CHP officer had never charged a person with murder in his career. But he did in this case. After hearing from two judges that the prosecution had a very weak case for conviction on second degree murder, prosecutors added another charge, gross vehicular manslaughter.
The officer visited Shelly (the second passenger) in the hospital and argued with her and attempted to coerce her to change her testimony from the truth to a more damaging statement that was not true or correct, “To get that lousy SOB off the hill.” Inferring Foreshee out of Shingletown. This is amazing because this officer did not even know Gary Foreshee.
Gary will be 32 years old January 15, 2002. He served a four-year prison term when he was 18 years old in Nevada, 14 years ago. This was long before the “three strikes law” became effective in California. That crime has been paid for and to punish him again for the same offence amounts to double jeopardy. The ploy of charging him with many crimes and giving him the maximum sentence for whatever sticks resembles an old western movie with lynch mob mentality. Then doubling that time to end up with a 21 years plus sentence is ludicrous, especially for an accident.
The blood alcohol test was done at a lab in Redding that are now under investigation for questionable lab test results going back to 1998. The District Attorney was aware of this, but failed to inform the defending attorneys. This information was published in the Record Searchlight in January 2002. This is important because the father of the dead man insists “That stretch of road was just an accident to happen.”
Cal Trans had contracted out and approved the work to be done on that stretch of road in Shingletown. The center yellow and white fog lines had faded to almost nonexistent. Because of the hastened completion of this site, due to the early winter: a properly completed job was not achieved. Snow and rain and cinders and heavy traffic had prematurely rendered them almost useless at night. The six to eight-inch drop off on the side of the road had caught many drivers unaware. Even locals who were aware of the existing conditions had gone off the road there and complained of the dangerous situation. The entire turn and grade area was reworked the following spring and summer to avoid legal claims because of accidents in this area.
An article about the sentencing in the Record Searchlight stated that the jury found Gary habitually disregarding the law that day by causing an accident earlier the same day at Ponderosa Pines. The jurors have come forward and said that this is not true. They rejected this claim and the email has been forwarded to the appeals attorney.
The judge was not moved by the pleas of the family of the dead man to give Gary another chance. The judge rejected the pleas of the mother of the dead man’s child for mercy for Gary. He rejected the letters from Gary’s mom and dad on behalf of his children and their wishes also to see Gary as a productive member of society again. But he DID use the same false claims that were contrived by the prosecution to charge Gary, but rejected by the jury at the trial, in sentencing him.
This is an abuse of power and a misinterpretation of the facts.
Thank You for Your Time,
James / Lynda Powers
As Gary Foreshee’s step father and a man who acknowledges Jesus Christ as his personal Savior, I can say I am proud to know Gary. He loves his children deeply and is a compassionate, caring person. He once fought off a huge dog (a rotweiler) attacking the child of a man that had previously helped send him to jail.
The death of Tim Dennis is a tragic accident that will haunt Gary for the rest of his life. If any good has come out of Tim’s death it is that Gary’s life has finally turned around. He has had a superficial relationship with God and that has led to many encounters and situations that brought him to this life changing, heartbreaking point in his life. Out of death a new man has emerged.
I came to know Tim through his relationship with my stepdaughter, Laurie, and had developed a friendship based on mutual respect. Laurie and Tim were talking marriage: this included assuming responsibility of Laurie’s three children. This was a major responsibility as my wife and I have been guardians and caregivers to her children that we have raised for 8 and 12 years respectively and they were going to assume the responsibility of parenthood. I examined his character quite closely and noticed he and Gary were together quite frequently.
They worked some of the same jobs and were of the same nature; too much time spent in escape oriented activities but loyal and true to their word. True to friends and dedicated workers when hired or if they volunteered to do a job for someone.
I have been proud to refer to Gary as my son. He shows wisdom and patience and love when dealing with his children. His inner strength is amazing and his wit and humor are enjoyable, never harmful. He is a man of peace and is a joy to be around. Everywhere he goes he is a welcome and a gracious guest. He is always respectful and considerate of others and he is not a selfish man.
I declare under penalty of perjury that the foregoing statement is true and correct.
17 March 2001
R. James Powers
In response to a “Letter to the Editor” in a local newspaper:
To the Teman’s of Whitmore, 5 August, 2001
We sympathize with you on the loss of your child sixteen years ago and agree with you that drunk driving is a preventable, negative choice with many unseen and regrettable consequences.
But we must set the record straight.
Tim Dennis, Shelly McCarly and Gary Foreshee all made choices that have eternal repercussions. They chose to drive / ride in the vehicle that fateful evening and fortunately no innocent bystanders were injured.
Tim was to be Gary’s brother in law. Tim and Gary were co-workers and good friends. Tim was the father of Shelly’s child.
Gary has had NO prior moving vehicle violations for alcohol. He is NOT a repeat offender as you maintain the driver of the vehicle that killed your son was.
Patting a judge on the back for giving a maximum sentence, while totally ignoring the requests of the family of Tim Dennis, the letters and spoken requests of Shelly and the letters of the family who have seen and heard the difference in Gary Lee Foreshee is absurd.
Gallagher has shirked his duty to his oath and the office of Judge and is party to the lie that justice is served as you claim.
Gallagher used the same innuendoes and false claims that were contrived by the prosecution to sentence Gary that were TOTALLY REJECTED by a jury at the trial. Did the judge forward his personal agenda in sentencing Gary? It appears so and we would not be surprised to see you as his campaign manager in the future. Have you compared all the alcohol / drug related sentences in this county? A great lack of consistency exists and it appears favorites are exempted and favors are extended.
The befuddled prosecutor could have prevented this case from dragging on a year and a half. In his attempts to grandstand for a preposterous second-degree murder conviction, thousands of tax dollars were wasted and the agony of the involved families was extended. In the beginning Gary admitted his involvement in the death of his friend to the court and told the parents that if he could trade places with Tim, he would.
God forgave Gary because he asked for forgiveness and by faith it is received.
Tim’s family forgave Gary and re-iterated that the road condition was the major factor in this accident.
It is time for the law to upgrade itself and not waste another life. Send Gary and others like him to teach others to show the consequences of poor choices. Not to prison for the rest of their lives to rot, but to our local schools, churches and gathering places of not only the young but people their own age to tell their own story in their own words to have a positive impact. One life changed this way would be worth it. Perhaps if that had been the prescribed punishment in place in the past, maybe the drunk driver that killed your son would have changed his / her habits. Maybe Tim would still be here. Enable society to be better for the experience and not totally devoid of the lessons of the past.
We urge you Mr./ Ms Teman, don’t believe all you read or hear. Not all of it is truth. But this will probably be as close as you get.
James / Lynda Powers
My name is Lynda F. Powers. I am Gary L. Foreshee’s mother. I am writing this character reference letter to whom it may concern.
Gary has had many tragedies in his life, but none so devastating as the loss of Timothy Dennis. Tim was very dear to our family. He had spent many of the holidays in our home with our entire family. He and Gary, had developed a close friendship, since the relationship between Tim and his Gary's sister Laura began two years ago. They spent much of there time together. For anyone to say that Gary would carelessly and without remorse cause the death of this young man is unimaginable.
Gary has two beautiful children who were taken from their mother and placed in our home in 1997. Since they have been here Gary has developed a loving and respectful relationship with both children; they love their father and need him in their lives. Gary has always been a caring and kind individual. He has shown compassion and assistance to all that know him in time of need. He has been commended by all of his implores for his dedication to hard work, being on time, and working well with others.
Gary has had difficulty dealing with problems in his life since he was young, but he has never had a disregard for what is right or especially for human life, and the rights of others.
This very sad and tragic accident has brought him to a point in his life that will change him forever. He has the death of a very dear friend to haunt him for the rest of his life. He has said to me, and has written to the parents of Tim Dennis that he would trade places with Tim if he could. But such things are not in our hands they remain in the hands of God.
I believe that God spared the life of my son for a reason and his two children are a part of that reason: along with making it known to the rest of the world that he comes in contact with, the dangers and tragedy of alcohol and or substance abuse.
I pray that you will take into consideration the love that this young man's family has for him and the loss it will be for his two young children, who desperately need him in their lives if he is permanently separated from them.
My belief is that Gary, if given the opportunity, will devote the rest of his life to God, his children and making sure that only good, and honorable things happen in all of their lives.
I declare under penalty of perjury that the foregoing statement is true and correct.
March 17, 2001
Lynda F. Powers
Three Strikes Legal - Index