MIAMI (WSVN) - A man accused of a violent attack on tourist in Brickell, broke down crying in court.
“I’ve never been involved in anything, ever,” said Malcolm Foster as he spoke to the judge and wiped away his tears.
Meanwhile, the family expressed anger toward news cameras outside the courtroom with Foster’s mother giving an obscene gesture, Wednesday morning, while others tried covering up Foster.
“We are stronger than all that, and we will prevail,” said Foster’s mother, as she entered an elevator.
Just minutes before the outburst, Foster would strike a deal with prosecutors.
In court, his mother said, “Never a problem. He’s a good son. It’s just so unfortunate. My husband just committed suicide as a soldier. It’s just rough,” she said by her son’s side as both wept.
He was arrested for attacking a tourist back in January of 2020.
“I was terrified. I was worried for my own safety,” said the victim in an earlier phone interview, who asked not to be identified. “Out of self-defense, I did throw a hot liquid, as my only form of self-defense.”
The victim told 7News two men he met earlier in the night attacked him as he walked back to his hotel from a convenience store nearby.
The attack was caught on surveillance video.
“We wanted a little more bite,” said Neil Kerch, the victim’s attorney, “but the court is gonna do what it thinks is fit after review of the video. We’re happy that the judge saw the video. We’re happy that Mr. Foster’s been brought to justice for the crime.”
Though Foster first agreed to 90 days behind bars, the judge upped that amount of time.
“I think that, uh, an appropriate sentence would be 120 days in county jail,” said the judge, “to be followed by four years of ordered probation.”
He then added a warning.
“If he were to violate his probation,” said the judge, “especially by committing a new criminal offense, that he would be facing additional jail time or even prison time.”
Besides the jail time, the terms of the plea deal says Foster must complete an anger management course and send a letter of apology to the victim. He’s also ordered to stay away from the victim.
Additionally, he will have to undergo substance abuse and a mental health evaluation and treatment if needed.
It’s a move drawing reaction from the victim, who wishes the state attorney had pushed for a harsher punishment writing, “I literally could have been killed by the attack that morning before my flight. The attack will always haunt me and be a source of significant PTSD. I do wish the sentencing was more suited to the significance and severity of the attack but happy to put this behind me.”
It’s also a decision the family certainly didn’t appear to be happy about.
“This is hard. I’m… I’m very sorry. To him,” said Foster to the judge. “Sorry to his family, sorry to my family. It’s been a long three years. It’s been a long three years.”
The judge will also allow Foster to spend the holidays with his family, as he won’t have to report to jail until January.
The second man in the attack is already serving probation.
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