Family of killed 81-year-old fears he was victim of hate crime

AUSTIN (KXAN) — Leonard Foster, 81, was found dead in his apartment Saturday, and his family believes the suspect may have targeted him because he was gay. The Austin Police Department said it was still investigating his death but added it has “no indication that it was a bias-motivated crime at this time.”

On Feb. 18, Foster’s family called for a welfare check, and police ultimately found Foster’s body in his neighbor’s apartment. That neighbor, 23-year-old Tamorian Moore, was arrested and charged with murder.

We have reached out to Moore’s attorney but have not heard back yet.


Man charged with murder after neighbor’s body found in his apartment

“Shocked, hurt, angry, all of the above,” said Foster’s sister Lois Barnett.

According to an arrest affidavit, Moore said he “lived across from a pedophile” who had “been watching him since he moved in,” according to the affidavit. When police questioned him about this, Moore said he did not want to talk about him. KXAN searched both the national and state sex offender registries for Foster, but Foster was not listed. APD confirmed it had no information Foster had been “investigated for any sex-related offenses.”

Police ultimately found Foster’s body after performing a welfare check on Feb. 18. (KXAN photo/Ed Zavala)

Investigators said Foster died from blunt and sharp force trauma to the head. The affidavit also states police found Moore with a trash bag filled with paper towels and a pillow that looked like it was covered in blood.

“He did not deserve that. A wonderful, beautiful spirit,” said Foster’s niece Debra Adams. “He was so very loved. That’s why he was missed so soon.”

When an officer asked Moore if he killed Foster, Moore responded he didn’t, but Lucifer did, according to the arrest affidavit.

Foster’s family believes the attack may have been a hate crime.

“We would like to see the charges upgraded,” Adams said.

Specific criteria must be met for an action to be considered a hate crime, as explained in this case about a man who set a synagogue on a fire.

The FBI defines a hate crime as “a criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,” according to its website.

“It doesn’t involve the criminal law unless the hate is the reason people act out,” said retired judge Charlie Baird. “[Hate] cannot just be part of the reason, it has to be the motivating factor.”

Baird said it can often take an extensive investigation before law enforcement can officially deem something a hate crime.

“And the reason for that is because a hate crime increases the range of punishment for which an individual can be punished,” said Baird. “It would depend on the actions of the defendant. Perhaps writings, perhaps groups he’s a member of, perhaps conversations he’s had with people.”

He added that the location of a crime can also prompt law enforcement to more quickly deem something a hate crime.

“For example if it occurs in a mosque or synagogue, it might have an indication that the hate crime in those were based upon the characteristic of a religious faith,” said Baird.

We have reached out to Moore’s attorney, but have not yet heard back.

 

AUSTIN (KXAN) — Leonard Foster, 81, was found dead in his apartment Saturday, and his family believes the suspect may have targeted him because he was gay. The Austin Police Department said it was still investigating his death but added it has “no indication that it was a bias-motivated crime at this time.”

On Feb. 18, Foster’s family called for a welfare check, and police ultimately found Foster’s body in his neighbor’s apartment. That neighbor, 23-year-old Tamorian Moore, was arrested and charged with murder.

We have reached out to Moore’s attorney but have not heard back yet.


Man charged with murder after neighbor’s body found in his apartment

“Shocked, hurt, angry, all of the above,” said Foster’s sister Lois Barnett.

According to an arrest affidavit, Moore said he “lived across from a pedophile” who had “been watching him since he moved in,” according to the affidavit. When police questioned him about this, Moore said he did not want to talk about him. KXAN searched both the national and state sex offender registries for Foster, but Foster was not listed. APD confirmed it had no information Foster had been “investigated for any sex-related offenses.”

Police ultimately found Foster’s body after performing a welfare check on Feb. 18. (KXAN photo/Ed Zavala)

Investigators said Foster died from blunt and sharp force trauma to the head. The affidavit also states police found Moore with a trash bag filled with paper towels and a pillow that looked like it was covered in blood.

“He did not deserve that. A wonderful, beautiful spirit,” said Foster’s niece Debra Adams. “He was so very loved. That’s why he was missed so soon.”

When an officer asked Moore if he killed Foster, Moore responded he didn’t, but Lucifer did, according to the arrest affidavit.

Foster’s family believes the attack may have been a hate crime.

“We would like to see the charges upgraded,” Adams said.

Specific criteria must be met for an action to be considered a hate crime, as explained in this case about a man who set a synagogue on a fire.

The FBI defines a hate crime as “a criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,” according to its website.

“It doesn’t involve the criminal law unless the hate is the reason people act out,” said retired judge Charlie Baird. “[Hate] cannot just be part of the reason, it has to be the motivating factor.”

Baird said it can often take an extensive investigation before law enforcement can officially deem something a hate crime.

“And the reason for that is because a hate crime increases the range of punishment for which an individual can be punished,” said Baird. “It would depend on the actions of the defendant. Perhaps writings, perhaps groups he’s a member of, perhaps conversations he’s had with people.”

He added that the location of a crime can also prompt law enforcement to more quickly deem something a hate crime.

“For example if it occurs in a mosque or synagogue, it might have an indication that the hate crime in those were based upon the characteristic of a religious faith,” said Baird.

We have reached out to Moore’s attorney, but have not yet heard back.

Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.


Best items to have on your nightstand if you have …

/ 12 hours ago

If you suffer from insomnia, here’s some insight into the causes of insomnia and how to help treat it, so you can get a restful night’s sleep.


Cute wearable blankets to keep you cozy this winter

/ 17 hours ago

Wearable blankets keep you cozy in winter, and even during cooler spring weather, and are available in a wide variety of styles to match everyone’s taste.


Shopping for winter gear? Don’t forget to buy fleece-lined …

/ 17 hours ago

If you’re reluctant to give up your leggings during the cooler months, fleece-lined versions are essential additions to your wardrobe.


View All BestReviews


Top Stories


APD searching for suspect in SE Austin hit-and-run


Coldest day in three weeks Friday


PfISD: Dessau Elementary will not close


Memo: Expansion of Austin’s wildfire division on …


Nearly 60 dogs rescued from Central Texas home


Top Stories


More Stories


APD searching for suspect in SE Austin hit-and-run


Coldest day in three weeks Friday


PfISD: Dessau Elementary will not close


Biden: No evidence of a sudden increase in flying …


Memo: Expansion of Austin’s wildfire division on …


Nearly 60 dogs rescued from Central Texas home


Racial slur on Georgetown campus sparks student protest


U.S. Senator Cornyn talks fentanyl crisis with parents


More Stories

Austin-Travis County


APD searching for suspect in SE Austin hit-and-run

/ 3 hours ago


Coldest day in three weeks Friday

/ 2 hours ago


PfISD: Dessau Elementary will not close

/ 2 hours ago


Memo: Expansion of Austin’s wildfire division on …

/ 3 hours ago


Nearly 60 dogs rescued from Central Texas home

/ 6 hours ago


Austin leaders seek changes to I-35 project proposal

/ 6 hours ago


Arts non-profits get $3.9M for tourist activities

/ 8 hours ago


Is CapMetro’s bus design in ‘The Last of Us’ correct?

/ 9 hours ago


APD IDs victim in downtown Austin homicide

/ 9 hours ago


Family of 81-year-old fears he was hate crime victim

/ 5 hours ago


Austin crash turns fatal near Lakeline Mall

/ 10 hours ago


US soccer returns to Austin ahead of World Cup

/ 6 hours ago


Council approves $4.9M in police-related settlements

/ 7 hours ago


Miranda Lambert, Luke Wilson receive Texas Medal …

/ 13 hours ago


Mike Pence to visit UT Austin

/ 11 hours ago


Austin bar scene bouncing back from pandemic

/ 6 hours ago


APD arrests 2 suspects linked to several bank robberies

/ 14 hours ago


Formerly homeless man has housing through new program

/ 15 hours ago


City Council to talk affordable housing, I-35 project

/ 7 hours ago


Best margaritas in Austin — KXAN viewers weigh in

/ 17 hours ago

KXAN Austin Video

<article class="article-list__article article-list__article–is-stacked article-list__article–has-thumb article-list__article–is-media-type" data-article-id="8419658" data-index="0" data-collection="article-list5" data-anvato-params=""ns":"id":"8419658","title":"New bill, sparked by KXAN investigations, aims to stop another u2018Dr. Deathu2019","link":"https://www.kxan.com/video/new-bill-sparked-by-kxan-investigations-aims-to-stop-another-%e2%80%98dr-death%e2%80%99/8419658/","thumbnail":"src":"https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE","orientation":"landscape","proportional_sources":"16:9":"srcset":"https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 160w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 256w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 320w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 640w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 960w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 1280w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 1920w, https://m104216-ucdn.mp.lura.live/iupl_lin/71E/6EA/71E6EAC5B7A904DA1F443B464951424A_160x90.jpg?Expires=2082758400&KeyName=mcpkey1&Signature=8_BynHw4Ikwr1Y4l5LvkxkzsxuE 2560w","sizes":"(max-width: 899px) 100%, 300px","date":"time":"21 mins ago","datetime":"2023-02-23T23:59:29-06:00","lead_media":true,"media_type_icon":"name":"video","label":"Video","vilynx_id":"LIN_8419658","mcp":"LIN","width":"100%","height":"100%","video":"8419658","autoplay":false,"expect_preroll":true,"pInstance":"p53","plugins":"comscore":"clientId":"6036439","c3":"kxan.com","version":"5.2.0","useDerivedMetadata":true,"mapping":"c3":"kxan.com","ns_st_st":"kxan","ns_st_pu":"Nexstar","ns_st_ge":"News,Local,Austin,Video,Local News,Video","cs_ucfr":"","dfp":"adTagUrl":"https://pubads.g.doubleclick.net/gampad/ads?sz=1×1000&iu=/5678/lin.kxan/news/crime&impl=s&gdfp_req=1&env=vp&output=vmap&unviewed_position_start=1&ad_rule=1&description_url=https://www.kxan.com/news/crime/family-of-killed-81-year-old-fears-he-was-victim-of-hate-crime/&cust_params=vid%3D8419658%26cmsid%3D1661566%26pid%3D1661566%26pers_cid%3Dnxs-40-article-1661566%26vidcat%3D/news/crime%26bob_ck%3D[bob_ck_val]%26d_code%3D1%26pagetype%3Dstory%26hlmeta%3Dfamily%20of%20killed%2081%20year%20old%20fears%20he%20was%20victim%20of%20hate%20crime%26aa%3Df","nielsen":"apid":"P74D95DB2-9ACC-40E2-B3B5-7B9C65C50126","sfcode":"dcr","type":"dcr","apn":"Anvato","environment":"production","useDerivedMetadata":true,"mapping":"adloadtype":2,"adModel":2,"segmentCustom":"script":"https://segment.psg.nexstardigital.net/anvato.js","writeKey":"8Jlo8JuUyENFG8nvLkq1NuyT2CHRyOp7","pluginsLoadingTimeout":12,"expectPrerollTimeout":8,"accessKey":"gq261XAmw8b5xi69ku8hYmO1kyPmMBzn","token":"eyJ0eXAiOiJKV1QiLCJhbGciOiJIUzI1NiJ9.eyJ2aWQiOiI4NDE5NjU4IiwiaXNzIjoiZ3EyNjFYQW13OGI1eGk2OWt1OGhZbU8xa3lQbU1Cem4iLCJleHAiOjE2NzcyMjMyNDJ9.Hp03r0nIb6HUEHkPVN3YuBulL9wu_wPyICr9VLiFxv0","nxs":"mp4Url":"https://tkx.mp.lura.live/rest/v2/mcp/video/8419658?anvack=bvJ0dQpmRLZx7cMPeiW9U27gVRARwpPL&token=%7E5iy4eJUCZUS%2BMi5TZV%2BhVbloGseZvo70MQ%3D%3D","enableFloatingPlayer":true,"disableMutedAutoplay":false,"recommendations":false,"expectPreroll":false,"titleVisible":false,"pauseOnClick":true,"trackTimePeriod":60,"isPermutiveEnabled":true
// –>


Tracking the Coronavirus


COVID-19 tracker: Cases in the KXAN viewing area

/ 1 day ago


Data tracker: COVID cases, vaccine rates across Texas

/ 1 day ago


Coronavirus Cases Tracker

Austin Weather

Current

57°

Cloudy

Tonight

50°

Cloudy

Precip: 0&percnt;

Tomorrow

53°

Drizzle

Precip: 20&percnt;

Trending Stories


Nearly 60 dogs rescued from Central Texas home


Abbott launches statewide street takeover task force


Crowd of cars seen in Sunset Valley before ‘takeover’


Coldest day in three weeks Friday


Austin crash turns fatal near Lakeline Mall

Don’t Miss


How to get to Q2 Stadium for 2023 Austin FC season


RESULTS: This is the best KXAN viewer pic of January


TxDMV rejects vegan license plate for ‘vulgar’ phrase


Cities offer free tree, brush disposals post-storm


KXAN launches new news podcasts



Latest weather conditions from the KXAN First Warning Weather team